JUDGMENT :

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Since, the facts of the case and issue involved in captioned appeals are identical and arise out of the same judgment, the appeals are taken up together and are being disposed of by this common judgment.

2. The appellants have filed these appeals (Criminal Appeal No.984 of 2013 and Criminal Appeal No.738 of 2013 against the judgment and order of their conviction under Section 201 read with Section 114/34 of the IPC.).

3. The respondent-State has preferred enhancement appeal against the sentence on the ground of its inadequacy imposed upon the appellants for the offence punishable under Section 201 of the IPC.

4. By judgment of conviction and order of sentence dated 15.04.2013 passed by the Additional Sessions Judge, Vadodara, in Sessions Case No.206 of 2010, by which the appellants original accused nos.3 and 4 have been convicted and sentenced under Section 201 of the IPC read with Sections 114 and 34 of the IPC and sentenced in the manner stated hereinafter:

The sentences were ordered to run concurrently.

Hence, these Appeals.

5. The case of the prosecution leading to conviction of the appellants accused is as follows:

5.1 The appellants herein are resident of Village Chapad, City Vadodara and at the time of incident i.e. on 05.07.2010, they were living in a joint family with accused Hiren Patel (A-1) at Village: Chapad. The PW.13 Jignesh Patel with his family was also residing in the same village and his house is situated adjacent to the house of appellant-accused. The relations of the parties as neighbours were cordial and they had been living as a family.

5.2 PW.13 on 05.07.2010, was not in his village as he had gone to Amarnath Pilgrimage and his son aged about 8 years was at the house and did not accompany to him at Amarnath. On 05.07.2010, at about 6:00 p.m., the child Shrey had gone to purchase sweets and pepsi at the shop of PW.9 Nagin Patel and accordingly, after purchasing the same, he was on way to his house. The appellant-accused before the child could reach at his house, kidnapped him for ransom of Rs.10 lakh and took the child at his room situated at the first floor of the house, here he was strangulated to death with a cotton rope by the accused-Hiren. The family members had made extensive search of the child as till late evening on that day he did not return to the house. The cousin brother PW.6 Harshad Patel lodged a missing complaint (Exh.63) with Makarpura Police Station. PW.13 Jignesh Patel was informed about missing of his child and he immediately returned to Vadodara on 06.07.2010. Meanwhile, the Makarpura police made extensive search in the nearby area, but the whereabouts of the child could not be found. PW.13 – father of the child requested the police to deploy a dog squad for scientific search. On 07.07.2010, before dog squad could come, the appellant-accused at about 12:00 p.m., talked with the PW.13 Jignesh Patel on his landline no.221919 allegedly dialed by him from the STD/PCO booth owned by Pritesh Shah (PW.12). The appellant-accused demanded a ransom amount of Rs.10 lakh from PW.13 and further informed that, the child is with him and presently he is safe. The accused-appellant also informed that they are total 5 persons and they took the child from where he had bought pepsi. PW.13 was further informed by the caller i.e. appellant that his informer is standing near the transformer of the village and giving every update of every movement and therefore, he had been cautioned not to play any mischief. PW.13 after hearing the conversation from the caller -appellant, agreed a