Sunil Dutta Mishra, J. – These two appeals have been preferred by the aforesaid appellants under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 21.06.2017 and order of sentence dated 05.07.2017 passed by learned Sessions Judge, Rohtas at Sasaram in R.C. Case No.04 (S) of 2002 whereby and whereunder appellants have been convicted and sentenced under Section 3(2)(a) of the Prevention of Terrorism Act, 2002 (hereinafter referred to as ‘POTA’) with imprisonment for life and fine of Rs.1 lac, under Section 22(5) of POTA with imprisonment of 14 years, under Section 148 of the Indian Penal Code R.I. for three years, under Section 302 read with 149 of the Indian Penal Code imprisonment for life and fine of Rs.1 lac, under Section 353 read with 149 of the Indian Penal Code rigorous imprisonment for two years, under Section 323/149 of the Indian Penal Code imprisonment for six months and under Section 27 of the Arms Act rigorous imprisonment for three years and fine of Rs.5000/-. All the sentences of the convicts/appellants Nitish alias Birbal Yadav and Ram Bachan shall run concurrently. So far convict/appellant Nirala Yadav is concerned, who was commander of the group, he shall first undergo sentence under Sections 22(5) of the POTA, 27 of the Arms Act, 148, 353 read with Section 149 and 323 of the Indian Penal Code as stated above concurrently before commencement of life sentence i.e. imprisonment for life under Section 3(2)(a) of the POTA and under Section 302 read with Section 149 of the Indian Penal Code and both the sentences shall run concurrently. In default of payment of fine, convicts/appellants Nirala Yadav, Nitish alias Birbal Yadav and Ram Bachan Yadav have further to undergo R.I. for one year.

2. Since the above captioned appeals arise out of common factual matrix and common judgment of conviction and order of sentence, we are disposing them by this common judgment.

3. The prosecution case, as revealed from Exhibit 1, fardbeyan of PW-1, Kumar Narendra, Range Officer of Forest, recorded by S.I. Ajay Prasad, at Adhaura P.S. on 15.02.2002 at 14:00 hours, is that on 15.02.2002 at about 9:00 A.M. the informant Kumar Narendra along with Divisional Forest Officer (hereinafter referred to as ‘D.F.O.’) Sanjay Singh (deceased), Sahabad Forest Division, Foresters P.N. Singh, Ram Jeevan Pandit (PW-2), Ram Pravesh Choudhary, Shiv Murat Pandey (Bodyguard), Umesh Singh and driver of government gypsy Mahboob Alam (PW-3) went by gypsy to check the road under construction running to Rehal and when at about 11:00 A.M. the group arrived near Forest Office at Rehal, they found a person in green uniform, heard from someone in the vehicle that perhaps he is a ‘party wala’. All alighted from the vehicle and started proceeding towards range office but within a short time they realized that he is, in fact, party wala, they tried to come back but were surrounded by five to six armed persons in the similar uniforms and for about forty five minutes all interrogated them by different means and the group started to escape through their vehicle, the men in uniform whistled. Twenty five to thirty persons of their group including four to five females in civil dress arrive, one of them aged forty years having one child and other four were aged about twenty five to thirty years and their commander aged about forty years of a bit dark complex whereas remaining were also aged about twenty five to thirty years, lean and thin, and forced them to come out of the village, tied hands of D.F.O., Sanjay Singh from behind though a towel (gamchhi), kept him separated from the other companions and took the D.F.O. ahead. On objection raised by himself and his fellow men, they were assaulted by lathi and butt of gun. Ultimately, feeling helpless, the companions kept themselves separated. Four to five terrorists brought the D.F.O. forcibly towards eastern forest and forced others to maintain silence. After sometime, they heard sound