JUDGMENT :

Manoj Kumar Gupta, Om Prakash Tripathi, JJ.

1. Appeals bearing No.5806 of 2006, 6421 of 2006 and 6412 of 2006 are by accused persons against the judgment by the Court of Special Judge (D.A.A.), Agra dated 26.8.2006 convicting them under Sections 364-A, 302, 201 IPC and sentencing them to rigorous life imprisonment and fine of Rs.10,000/- each under Section 364-A IPC and same punishment for offence under Section 302 IPC and seven years rigorous imprisonment and fine of Rs.10,000/- each for offence under Section 201 IPC and in case of default in payment of fine, additional simple imprisonment of one year for each offence. All the sentences so awarded were to run concurrently and default sentences consecutively. Half of the fine was to go to the complainant, PW-1.

2. Criminal Revision No.6146 of 2006 is by complainant for enhancement of sentence of the convicted appellants from life imprisonment to capital punishment. The same prayer has been made in G.A. No.598 of 2021. Since all these matters relate to the same offence and involve common questions of facts and law, therefore, all the matters were heard together and are being decided by this common judgement.

3. The case relates to gruesome and heinous crime of kidnapping and murder of a ten years boy Gaurav Mittal (victim).

4. According to the prosecution story, the victim had gone missing since 19.02.2004. Initially, a missing report was lodged by his father Rakesh Kumar Mittal (PW-1) on 22.2.2004 at 03:30 p.m. at P.S. MM Gate (Ext. Ka-12) stating that his son Gaurav Mittal aged 10 years had gone from his house to his grandfather's house who lived nearby at about 5:00 p.m. on 19.02.2004. After sometime, it transpired that his son did not reach his grandfather's house. Consequently, they made hectic search for him. He was wearing full sleeves green coloured bush shirt, grey coloured pant and sleepers. His complexion is fair and on his right eye, there is a black coloured mark.

5. On 21.2.2004, suspecting foul play, PW-1 got installed ID Caller on his land-line number 0562-2363149. PW1 received a ransom call on 22.2.2004 on his land-line number. The kidnappers asked for ransom for safe release of his son. They said that the sum would be disclosed to him on the following day.

6. S.S.P., Agra, looking to the seriousness of the crime, handed over the investigation to SOG. It was headed by Sub-Inspector Avaneesh Dixit (PW3).

7. Second ransom call according to PW-1 was received by him on 23.2.2004. The kidnappers demanded Rs. 15 lakhs as ransom money. On 24.2.2004, he again received call from the kidnappers and ultimately the deal was settled for a sum of Rs. 5 lakhs. Some calls were received from mobile number 9899580426 and some from landline number 22311244. On 22.2.2004 at 3:20 p.m., the missing report was converted into first information report, bearing Crime Case No. 29 of 2004, under Section 364-A IPC, against unknown persons (Ext.-14).

8. The SOG team came to know that ransom calls were being made from Delhi. They headed for Delhi and reached Police Station Vivek Vihar on 25.2.2004 at 10:30 a.m. They apprised SI Atul Tyagi (PW6) and SI Vinay Tyagi about the episode. On investigation, it transpired that landline number 22311244 from which ransom calls were received, was that of a PCO at Balbir Nagar, Shahdra, Delhi, owned by one Sachin Chauhan and the Service Provider was Hutch company.

9. At 11:15 a.m., they reached the said location. They could not gather any clue as Sachin Chauhan told the police that it was not possible for him to remember identity of every customer who uses PCO.

10. At about 11:20 a.m., when the police party was returning after making enquiry from Sachin Chauhan, Sub-Inspector Atul Tyagi (PW6) received information from mukhbir (police informer) that since last 2-3 days, a boy aged 10 years was seen in company of Piyush Gupta (C1), who lives in a room on rent in Balbir Nagar, and his two companions Lokesh alias Babloo (C2) and Manoj Sharma (C3). Piyush Gup