1. This is an appeal preferred by three accused persons who are convicted, in Sessions Case No. 229 of 2006, decided on 10.02.2009, by the Assistant Sessions Judge-4, Aurangabad, of offences punishable under Sections 394 read with 34, 397, 342 read with 34, 365 read with 34 of the Indian Penal Code (for short “I.P.C.”) and under Section 3 (25) of the Arms Act. Each accused/appellant is sentenced to suffer rigorous imprisonment for eight years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for one year for each of offences punishable under Section 394 read with 34 and 397 of the I.P.C. For offence punishable under Section 365 read with 34 of the I.P.C., each of the accused/appellant is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months. For offence punishable under Section 342 read with 34 of the I.P.C., each of the accused/appellant is sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 500/-, in default to suffer simple imprisonment for three months. For offence punishable under Section 3 of the Arms Act, each of the appellant/accused is sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 1000/-, in default, to suffer simple imprisonment for three months. All substantive sentences are directed to run concurrently.

2. Brief facts giving rise to this appeal may be stated as below:-

P.W.18-Sk. Niyaz Mohammad is resident of village Miyagaon Karjan, Tq. & Dist. Baroda, Gujarat State. He was driver on Trax Jeep No. GJ-06-AA-4358, belonging to one Vallibhai Musabhai of village Karjan, Tq. Baroda. On 31.05.2005, he had taken relatives of his master in the Jeep to village Karanja, Dist. Akola. He reached Karanja on the next day. Thereafter, after leaving the relatives at Karanja, he was to return back and came to Khamgaon at about 5.30 p.m. When he was near Khamgaon bus stand, four unknown boys standing on the road, gave signal to stop. Those boys were of age group of 20 – 22 years. They said that they had missed bus and wanted to go to Nasik and requested for lift up to Nasik. So, P.W.18Sk. Niyaz allowed them to board the Jeep and they travelled for a distance of about 10 kms. At that time one of the boys told him that he wanted to pass water and he should stop the vehicle. Accordingly, the vehicle was stopped. Thereafter, all those four boys alighted from the vehicle and came back after five minutes. Two of them sat on the back side. One sat on the cleaner seat and forth unknown person came near him and told him that he would drive the vehicle and put pistol on the head of P.W. 18-Sk. Niyaz. Thereafter, that boy dragged P.W.18Sk. Niyaz to the cleaner seat and then took the vehicle in a field, where hands and legs of P.W.18Sk. Niyaz were tied with rope and he was kept at the back side of the vehicle. They gave him threats of killing, incase, he attempted to shout. Then they proceeded in the jeep. It was about 11.30 p.m., when they stopped at a Dhaba. They took dinner in the vehicle itself.

3. It is further prosecution case that thereafter the Jeep was taken to a petrol pump. There a servant was asked to fill the tank and thereafter that person was assaulted. The persons at the petrol pump were compelled to surrender cash amount. They were locked in the cabin. Thereafter, the jeep was taken to another petrol pump and thus in that night said four boys robbed persons at five petrol pumps and robbed cash amounts in all totalling Rs. 1,20,000/-. Due to continuous running of the vehicle, the engine of the Jeep became hot and the jeep stopped. At that time police jeep came and on seeing the police jeep, the four boys, out of whom three were identified later on as accused Nos. 1 to 3, ran away. P.W.18-Sk. Niyaz was in the jeep. Police arrested him. He disclosed the real incident to them. Police took search of the jeep and found one revolver, six cartridges, one m