JUDGMENT

Per : Alok Kumar Verma, J.

These Criminal Appeals are directed against the judgment of conviction and sentence dated 22.03.2017 passed by learned IIIrd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Session Trial No.147 of 2011, State vs. Akhil Kumar Agarwal and two others, whereby sentencing appellant/accused Akhil Kumar Agarwal, life imprisonment for the offence punishable under Section 120B IPC read with Section 364A IPC with a fine of Rs.15,000/- and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 IPC read with Section 120B IPC with a fine of Rs.5,000/- and in default for further six months, sentencing appellants/accused Vimal Kumar Sharma and Javed life imprisonment for the offence punishable under Section 364A IPC read with Section 120B IPC with a fine of Rs.15,000/- and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 IPC read with Section 120B IPC with a fine of Rs.5,000/- each and in default for further six months.

2. The case of the prosecution is that on 24.11.2010 at 21.30 p.m., the informant Rakesh Gupta, PW-1, lodged a First Information Report, Ext.Ka.4, at Police Station, Kashipur against unknown persons through his Tehrir, Ext.Ka.1, stating that his son Sachin Gupta, was missing since Wednesday i.e. from 24.11.2010 evening about 04.00 p.m. On that very day i.e. 24.11.2010 at about 06.00 p.m., when the informant was in Ramnagar, he received a ransom call from the mobile number of his son Sachin Gupta. He was informed by the caller that his son Sachin Gupta is in their custody and also told the informant to wait for their next call. This call was received by the informant on his mobile phone. The appellant-Akhil Kumar Agarwal was a close friend of Sachin Gupta and therefore, he was informed regarding the incident by the informant. On 24.11.2010, the appellant-Akhil Kumar Agarwal called Sachin Gupta on his mobile phone from his (Akhil Kumar Agarwal) another mobile phone No. i.e. 9458222568 and asked him to come to the Government Hospital, Kashipur. On the said day, the appellant-Vimal Sharma and appellant-Javed were also called to come to the Government Hospital, Kashipur by the appellant-Akhil Kumar Agarwal from his mobile number. The deceased Sachin Gupta reached at Government Hospital, Kashipur on his motorcycle. On that very day, at about 03.00 p.m. the appellant-Vimal Sharma and appellant Javed accompanied Sachin Gupta went to Ramnagar in a Tavera car of the appellant Vimal Kumar Sharma, which was driven by Phool Hasan, DW2, from the Government Hospital, Kashipur and stayed there at Hotel Taj, Corbett Ramnagar. The deceased Sachin Gupta was last seen on 24.11.2010 with the appellant Vimal Sharma and appellant Javed by the prosecution witness- Deepak Arora-PW-4. The informant inquired from the appellant-accused-Akhil Kumar Agarwal about the where about of his son (Sachin Gupta) on which Akhil Kumar Agarwal replied that in case Sachin has been abducted then it is wise to pay the ransom amount and rescue Sachin. When the informant and appellant-Akhil Kumar Agarwal were searching for the informant's son in the night of 24.11.2010, the appellant-Akhil Kumar Agarwal pointed out to the informant a motorcycle, which was of the deceased, and which was parked at the cycle stand of the Government Hospital, Kashipur. On 26.11.2010, the informant submitted another Tehrir to the Police Station, Kashipur that his son Sachin Gupta was missing from 24.11.2010. He had already lodged a report and today i.e. 26.11.2010, he received an information that his missing son has been murdered and post-mortem of the dead body of his son was conducted at a Moradabad Hospital. He then brought the dead body of his son to Kashipur. The informant further said in his another “Tehrir" that the abduction and murder of his deceased son appears to have committed by appellant-Akhil Kumar Agarwal, who is the