Hon’ble Rajeev Misra, J.—Challenge in these criminal appeals is to the judgement and order dated 14.1.2015 passed by the Additional Sessions Judge, Special Judge, Dacoity Affected Area at Jhansi, in S.S.T. No. 124 of 2007 (State v. Basant Chaurasiya and others), arising out of Case Crime No. 1270 of 2007 (State v. Basant Chaurasiya) under Sections 364A, 120B IPC, P.S. Sipri Bazar, District Jhansi. Consequently, both the criminal appeals have been heard together and are being decided by this common judgement.

2. By means of the impugned judgement and order dated 14.1.2005, the Court below has convicted the accused appellants under Section 364A IPC and consequently sentenced them for life imprisonment alongwith fine of Rs. 10,000/- each. In case of default in the payment of fine, the accused-appellants are to further undergo imprisonment for six months. The accused-appellants have also been convicted under Section 120-B read with Section 364A IPC and consequently sentenced for life imprisonment alongwith fine of Rs. 10,000/- each. In case of default in the payment of fine, the accused-appellants are to further undergo imprisonment for six months each.

3. We have heard Mr. V.P. Srivastava, the learned Senior counsel assisted by Mr. Anand Prakash Pandey, Advocate for the accused-appellant Bably, Mr. R.P. Tewari, Advocate and Mr. Noor Mohammad Advocate for the accused-appellant Basant Chaurasiya and Mr. Saghir Ahmad, the learned A.G.A for the State.

4. The facts giving rise to the present criminal appeal lie a very narrow compass which are as follows :

5. Manoj Kumar Agarwal, the informant and father of the victims Yash and Vaibhav, is the owner of a house situate in Mohalla Mission Compound, Jhansi. He is also the owner of a Petrol Pump situate in Rath-Jhansi which is at a distance of few kilometers away from main Jhansi city. On account of the business establishment at Rath, Manoj basically resides at Rath to look after and effectively manage the Petrol Pump owned by him. However, as the family resides at Jhansi, Manoj used to frequently visit Jhansi, where his family comprising of his wife Jyoti Agarwal and two children namely, Yash Agarwal and Vaibhav Agarwal lived in the house mentioned above.

6. About 2 - 2 ½ months before the occurrence, one Babloo Tewari a man of close acquaintance of Manoj Kumar Agarwal came to meet him alongwith accused-appellant Basant Chaurasiya. Babloo Tewari introduced Basant Chaurasiya to Manoj Kumar Agarwal and requested him to give a portion of the house at Mission Compound, Jhansi on rent to Basant Chaurasiya. Basant Chaurasiya is stated to have married one Bably Pandey, the other accused-appellant, which is an inter caste marriage, and that was a cause for strained relationship between Basant Chaurasiya and his family. As such, Babloo Tiwari requested Manoj Kumar Agarwal to give a portion of his house on rent to Basant Chaurasiya. Seeing no reason to doubt Babloo Tewari or to suspect the credibility of Basant Chaurasiya, Manoj Kumar Agarwal readily gave a portion of his above mentioned house on rent to Basant Chaurasiya. As such Basant Chaurasiya became a tenant of Manoj Kumar Agarwal.

7. Bably Pandey with whom Basant Chaurasiya was alleged to have made a love marriage, used to frequently visit Basant Kumar Chauraisa. As such Bably Pandey was believed to be the wife of Basant Chaurasiya. Bably Pandey lastly left the tenanted house of Basant Chaurasiya at Jhansi on 2.8.2017 and went to Jabalpur. Having gained affinity and confidence of the family of Manoj Kumar Agarwal, Basant Chaurasiya hatched a conspiracy to kidnap the children of Manoj Kumar Agarwal for ransom. In furtherance of his evil objective, on 5.8.2017 at about 8:30 am when Manoj Kumar Agarwal was at his petrol pump at Rath, District Jhansi, Basant Chaurasiya suggested Jyoti Agarwal that her children needed hairdressing