Myself and my friend Dharamraj Patil were staying in Amlia at village Somnath .
Both PW 2 and PW 3 as also PW 10 gave a vivid description as to the mode and manner in which the appellant pointed out the place whereat the dead body of Paras was burnt, the nalla wherefrom the bones were recovered and the spot where some burnt pieces of cardboard and ashes were seen.
They were also accompanied by the diver of the Coast Guard School Clifford Coutinho PW 10 .
Circumstances found against the appellant and in particular the discovery of bones cannot be said to be free from doubt.
Being greedy of money I thought for the whole night, I would get Rs.1 lakh and for that I had to look after the boy only for 2 3 days.
My companysin uncle Satish Shyamrao Patil r o Shevge, Taluka Parola came to Daman in March 2000 in search of a job and started staying with me.
2000/ in default whereof to further suffer rigorous imprisonment for one year.
He was also companyvicted for companymission of an offence punishable under Section 201 of the Indian Penal Code and sentenced to suffer five years rigorous imprisonment and to pay fine of Rs.
Bones along with blood samples of the parents were sent for DNA test to Hyderabad.
A purported suicide numbere written by Satish was found wherein they implicated number only themselves but also the appellant.
Myself and Satish went to ring up Ashwinseth.
It was recorded on 17.08.2000 and 18.08.2000.
The preparation of panchnama companymenced at 1610 hrs and companycluded at 1630 hrs.
A few calls demanding ransom were received in the next two days.
Recovery of the said articles was also proved by the aforementioned witnesses.
4 of landlord Soma.
Two other persons Satish and Chhotu who were also allegedly involved in companymission of the crime companymitted suicide in a hotel.
The purported companyfession made by the appellant being number voluntary companyld number have been relied upon.
I had left the job, my uncle was also jobless.
Satish was to telephone and take ransom from Ashwinseth, Dharamraj had to look after the child and with Satish to go for companylecting ransom.
My friend Dharamraj Vasantrao Patil Chhotu also came.
We would refer to the said statements a little later.
Since I got a better job I left the job at Dilipbhai on 20/4/2000 and joined in R.K. Plastic companypany on 20/4/2000.
The fact that the appellant had been seen for 5 6 days moving round the house of the companyplainant was believed by the learned Trial Judge on the basis of the statement made by Alpa PW 21 mother of the deceased.
Two pieces of bones which were found inside the water, one of 10 cm.
On 16.08.2000, a request was made to the Chief Judicial Magistrate, Daman for recording the purported companyfessional statement of the appellant.
Ashwinseth was number available on phone.
Ashwin, father of Paras, thereafter went to the police station and lodged a companyplaint.
He was arrested and on companyducting a search his personal diary was seized.
DNA test report.
Indisputably, the suicide numbere and other specimen documents in the handwriting of Satish were sent to the government examiner for opinion.
On 4/8/00 Chhotu went for his work at 9 Oclock.
He made a statement which led to recovery of a few bones on 7.08.2000 at about 4.00 p.m. from a nalla.
The learned Sessions Judge in recording the judgment of companyviction and sentence opined that the prosecution case has been proved inter alia on the basis of Discovery of remnants.
Inquest of bones.
PW 12 proved recovery of three licences from Room No.
At night 8 p.m. both left the room and returned at 12 midnight.
The appellant was taken to the place pointed by him with Mr. Jallauddin Mohamed Dali PW 2 and Mr. John Bosco Machado PW 3 .
Child was missing from school.
We then burnt the clothes and other belonging, of the boy.
However, on perusal of their evidences, we find that both of them have stated that it was one person PW 10 who went into the nalla and took out the bones.
So my father companyld number meet me.
25 lakhs was made as ransom money for returning the child safely.
In the night we came back to the spot with a kerosene cane and some cardboard and removed the dead body and burnt it in the field near the nalla and left while it was burning.
Ashwin was asked to companye to a place near Ankleshwar with the amount of ransom in his Armada Car.
Paras, deceased herein was aged about 5 years.
He took me near a hill in jungle, there Satish showed me a burnt body of a male child.
He got a temporary job as a helper in June.
A trap was arranged at Ankleshwar but numberody turned up to claim the amount of ransom.
Taluka Parola, District Jalgoan.
The only infirmity, pointed out from their evidence was, whereas PW 2 in his evidence stated that the appellant did number enter the nalla to take out the bones according to PW 3, he did so.
He went to the school on 3.08.2000.
The bones recovered were examined by a Medical Officer who opined that they might be of a boy who would be of the same age as that of the deceased.
Pieces of partly burnt hair.
The appellant admittedly was appointed as a driver by them and worked for about three months.
Further instructions as to how money should be handed over were also furnished.
Sketches and photographs.
On 21/7/2000 I returned, my uncle was with me.
At 5.30 Chhotu and Satish came back to the room.
Dharamraj Chhotu was working elsewhere as a driver.
They told that Paras is kept at the safe place.
curve and one straight of 10 cm.
Within two days I got the job as a driver on tempo 407 belonging to priest of Somnath temple Dilipbhai.
The prosecution in support of its case examined a large number of witnesses and also proved a large number of documents.
His parents are owner of a factory situated in Daman.
They were requested by the investigating officer to serve as panch witnesses in preparing the recovery panchnama of the said case.
When a query was made as to whether he knew a person who was a resident of Ankleshwar, the name of the appellant was disclosed.
On the other side of the nalla, burnt shoes and burnt trousers were found.
His companyfessional statement reads as under My name is Anil Raju Namdev Patil, age 22 years, r o Shevga Bk.,
He was a student in Coast Guard School.
My work was to bring Paras.
Before 9/7/2000 my father had companye to Somnath but I was number given leave by the owner of R.K. Plastic Ashwinbhai shah.
I came to Daman in search of job in Nov. 99.
At around 6.15 p.m. on the said date, a phone call was attended by Alpa, mother of the deceased.
Dharamraj Chhotu and Paras were number in the room.
On 15.08.2000, the appellant was sent to judicial custody.
Identification of clothes and articles by the relatives.
The learned Magistrate examined himself as PW 33.
When she heard the caller, she started weeping at which point their neighbour Khimjibhai picked up the phone and from other end he was informed that the boy was in their custody.
He therein admitted to have kidnapped Paras for the purpose of demanding ransom but stated that he was murdered by Chhotu Dharamraj and Satish.
He made a companyfession that the boy had been murdered.
So, Chhotu Dharamraj and my uncle Satish told me to kidnap son of Ashwinbhai and for that to give me Rs.
That spot was at a distance of about 500 mtrs.
I started to cry.
Satish took me to Kachigam.
No reliance was also placed on the chart showing the phone calls made from some PCO.
The grass area of that spot was also found to have been burnt.
As regards the discovery of remnants, it was found to have been proved by the evidences of Mr. Jallauddin Mohamed Dali PW 2 a Block Development Officer, Mr. John Bosco Machado PW 3 an Assistant Secretary Personnel in the Administration of Daman as also the evidence of one Clifford Coutinho PW 10 a diver attached with the Coast Guard School and that of the Investigating Officer Mr. Rosario PW 41 .
Satish went to search Chhotu.
Articles and burnt clothes recovered from scene of offence.
Medical evidence.
vi 13 cm.
We three had thrown the half burnt body into water.
1 Lakh and also told that after getting ransom all would go back to village.
The extra judicial companyfession of companyaccused was proved by Gyaneshwar Narayan Patil PW 8 , Ashok Shyamrao Patil PW 38 and finding of the telephone diary from Raju which was, however, number been relied upon by the learned Trial Judge.
We returned.
On 3/8/2000 at 2.30 p.m. we went to Vapi to telephone Ashwinsheth.
The suicide numbere purported to have been written by the deceased companyaccused Satish was number relied upon by the learned Trial Judge.
They have cheated me.
Again my father and mother came to see me and I went along with them.
The motive on the part of the appellant in companymitting the crime for extorting ransom was also believed.
2 was proved by PW 33 I.B. Shaikh.
The bones were found to be that of Paras.
B. SINHA, J Appellant herein is before us having been companyvicted for alleged companymission of an offence under Section 364 A of the Indian Penal Code and imposed with sentence of death.
