JUDGMENT

RANGNATH MISRA. J. :—These appeals by special leave are directed against the judgment of the High Court of Madhya Pradesh reversing the order of acquittal passed by the learned trial Judge. Criminal Appeal No. 192 of 1983 is by Vinod Chaturvedi while the other is by five of the co-accused. All of them had been charged for offences punishable under Ss. 148, 364 and 302/149 of the Penal Code and were acquitted by the Additional Sessions Judge. The State of Madhya Pradesh carried an appeal being Criminal Appeal No. 732 of 1980 to the High Court assailing the acquittal and the High Court allowed the Appeal and while maintaining the acquittal under Section 302/149 of the Penal Code, convicted the appellants for offences punishable under Ss. 148 and 367 of the Penal Code and directed each of them to be sentenced to 3 years rigorous imprisonment for each of the offences with a further direction that the two sentences would run concurrently.

2. According to the prosecution on 27th April, 1973, around 4 p.m. the appellants kidnapped Brindaban, the deceased son of P.W. 1. from village Budha, and took him in a jeep to Rampura about one kilometre away on the pretext that a pending disp