STATE OF MAHARASHTRA Vs. SANTOSH

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 5/5/2018, passed by the learned Additional Sessions Judge-3, Nagpur whereby, the learned Judge convicted the appellant for commission of the offences under Ss. 302, 364-A and 201 of the Indian Penal Code (For short 'IPC ') and sentenced him to death for the offence punishable under Sec. 302 of the IPC. The learned Judge also awarded the term sentence for the offences punishable under Ss. 364-A and 201 of the IPC. The learned Additional Sessions Judge-3, Nagpur has also made reference to this Court for confirmation of death sentence awarded to the appellant. The appeal and reference are being disposed of by this common judgment.

(2.) The facts giving rising to this appeal are as follows:

(3.) The informant with his neighbor Raju Sontakke took search of Yash in Khapri Village and MIHAN locality. Yash was not found. The informant and Raju Sontakke went to village Kalkuhi, where the relatives of the informant reside. There they contacted Vitthal Jumde, an acquaintance of the informant and told him that Yash was missing. Vasanta, the nephew of the informant, was taking bath. The informant received a call on his mobile No. 9763631482 from the Mobile No. 8087879857. The caller made inquiry with the informant as "Tum ladke ke pita ho kya, Tumhara ladka Yash mere pas hai. Maine tumhare ladke ko kidnap kiya hai. " (Are you the father of the boy, I have your son Yash. I have kidnapped your son). The informant got frightened. He was unable to talk to the caller. He handed over the phone to Vasanta Jumde. Vasanta Jumde talked with the caller. After completion of the call, Vasanta told the informant that the caller gave his name as Javed Khan and he made call from village Khapri. Vasanta told the informant that the caller made a demand of Rs.2,00,000.00 as a ransom to free his son. Vasanta told the caller that informant would not be able to satisfy his demand because the informant is poor. The caller extended the threat that if the amount is not paid then they would have to repent over their mistakes. In the midst of the call, Vasanta tried to hand over phone back to the informant to talk to the caller. The informant was terribly frightened and therefore, he could not talk to the caller. The caller then disconnected the call.