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2. We have heard Mr. R. Basant, learned senior counsel for the appellant in Criminal Appeal No. 2539 of 2014, Mr. Subromaniam Prasad, learned senior counsel for the appellant in Criminal Appeal number 388 of 2015 and Mr. V. Madhukar, learned counsel for the State.

3. The records divulge that on 11.01.2008 at about 7.45 p.m., while Inspector/SHO of Nurmahal Police station was on patrol duty, he received a secret information that on 09.01.2008 at about 10/11 a.m., four persons had kidnapped one Gagan Mahendru son of Subhash Mahendru, resident of Mota Singh Nagar, Jalandhar in their Honda City car from near Preet Palace at gun point, most probably for extracting ransom.

The statements of the victim and his father Subhash Mahendru were also recorded under Section 164 Cr.P.C. On pursuing the investigation, the police also visited the place from where the victim had been kidnapped. The Lancer car bearing No.PB- 08-BA-4700 of the victim was found parked outside Hotel Taj, Jalandhar which was recovered and handed over to him. The accused persons were arrested between 16.01.2008 and 23.01.2008 and the following mobile phones were recovered from their possession:

5. It is considered appropriate to revert to the rival assertions for better comprehension after traversing the evidence adduced to the extent unavoidable.

PW1 Gagan Kumar, the person kidnapped, testified that at the relevant time, he was involved in Real Estate Business with his father Subhash Chandra (PW2). About 15-20 days before the incident on 09.01.2008, he received a call from mobile number 9914413696 and the caller introduced himself to be Ginda and expressed his keenness for effecting a property deal at Jandiala, District Jalandhar, in course whereof, he offered to sell the land of his aunt. The witness, though suggested that the caller ought to get in touch with his father, the latter insisted for necessary discussion with him. According to the witness, after 2/3 days, another call was made by the same person and accordingly, they fixed up a time at 9.00 a.m. on the next date, whereupon the victim along with his friend Chetan Chopra went to the scheduled place of meeting. The witness stated that at the time fixed, three persons came in a Innova car and thereafter the victim and his friend along with two persons proceeded in the car of the victim to survey the land. After the visit, they parted. The witness deposed that thereafter on many occasions, the same caller made telephone calls to further the deal and eventually, they decided to meet on 09.01.2008 at 9.00 a.m. for further discussions.

The witness stated that as the train slowed down at the place indicated, they threw away the two bags containing the ransom money and proceeded towards Delhi. Subsequent thereto, they took a train back to Jalandhar. Meanwhile, he received a telephone call from the victim that he had reached home safely. The witness deposed that on 12.1.2008 he along with victim and 2/3 friends, met the police at Jandiala on their way to police station and narrated the entire incident. The witness stated that on 13.1.2008, he received a call from the police that the Lancer car No. PB 08 BA 4700 has been located near Taj Hotel, Garha Road, Jalandhar and thereafter on completion of the formalities, the vehicle was handed over to his son. The witness in course of his testimony, identified the two bags in which the ransom money had been taken i.e. Ex. P9 and P10. He mentioned that the currency was in the denominations of Rs. 1000, Rs. 500 and Rs. 100. He also clarified that on 5/6 packets of the currency notes, he had inscribed initials/names like AS, KK, Om Namah Shivah, Om Sri Ganeshay Namah, and Jai Hanuman. The witness at the trial, identified the currency notes as a part of the ransom money. The bundles of currency notes produced in the court were marked as Ex. P11 to Ex. P68.