BHAGWAN GAJANAN PHANDATKAPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We are dealing with two appeals filed by two kidnappers convicted by learned Additional Sessions Judge, Khamgaon, in Sessions Trial No. 99 of 2011. They have kidnapped Kalpesh Rajesh Rajore being the minor son of first informant, Rajesh Rajore, on 20th September, 2011 at Khamgaon, Dist. Buldana. There were ransom telephonic calls to the first informant demanding initially Rs.5 crores for releasing the minor son, Kalpesh. After negotiations, it was reduced to Rs.3 crores. While returning from a music class, these two appellants forced the kidnapped boy, Kalpesh, to sit on a motorbike. When the appellants realized that they are not going to succeed, they threw him into a well situated near Kanchan Hotel on Khamgaon-Shegaon Road, Khamgaon. The neighbours took out the boy on hearing his screams.

(2.) Immediately after receiving the ransom calls, the first informant approached the Khamgaon Police Station and police registered the offence. Through Shri Munna Purwar, it was told to first informant that the boy was found in the well. Police recorded his statement.

(3.) The police have arrested the convicted appellants and they were charge-sheeted and on completion of trial, they were convicted of the offences punishable under Sections 363, 364-A, 387 and 307 read with Section 34 of Indian Penal Code. They were imposed life imprisonment and a fine and other imprisonments. Now they have come before us.