MANOJ KUMAR VYAS,J. - (1.)Vide this order, Death reference in relation to convict Ankur Padiya and Criminal appeals of convicts Ankur Padiya,Anoop Padiya, Mahaveer Sharma and Karanjeet Singh, preferred against the judgment and order of conviction and sentence dated 26.02.2018 and 19.12.2018 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases) Kota, in Sessions Case No. 09/2015 (CIS No. 1/2015) Filing No. 478/2015, are being disposed of.
(2.)According to brief facts of the case, the matter arose out of a written report dated 09.10.2014, Exhibit-P.24, submitted by complainant Puneet Handa son of Madan Mohan Handa, registered at Police Station Jawahar Nagar, Kota. It was alleged in the report that the complainant resided in House No. 398 Talwandi, Kota. On 09.10.2014, his son Rudraksh, aged seven years, was playing in Hanuman Park at around 5-5:30 PM. The park was situated behind the house of complainant. The complainant received a phone call on his landline no. 0744-2426222 informing him that his son had been kidnapped. The person who made the call abused the complainant and identified himself as Jaffar Mohammad. He demanded ransom of Rs. two crore and threatened that the matter should not be reported to the police. The complainant told him that he was not in a position to arrange this huge amount of money, to which that person threatened him to deposit as much as he could, since he (complainant) was working in a bank and his wife was also working as Teacher in a Convent School. The complainant and his family members searched for the child in the neighbourhood, but to no avail. Hence, the complainant lodged the written report. On the basis of the written report, FIR (Exhibit-P.25) was registered at Police Station Jawahar Nagar, Kota. Next day in the morning, dead body of Rudraksh was found in a canal. After due investigation, charge-sheet was filed in the concerned court. Charges were framed against the convicts, the convicts pleaded not guilty and claimed trial.
(3.)The prosecution examined 110 witnesses and exhibited 523 documents. The convicts were examined under Section 313 of the Code of Criminal Procedure. The convicts claimed that the statements of witnesses were false.