JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. These three appeals are in assailment of judgment of conviction dated December 8, 2017 and order of sentence dated December 12, 2017 passed in Sessions Trial No. 14 (10) of 2012 corresponding to Sessions Case No. 65 (01) of 2003.

2. By the impugned judgment and order, the appellants were convicted for the offences punishable under S.364A / 342/120B of the Indian Penal Code, 1860. All the eight appellants were sentenced to undergo imprisonment for life and fine of Rs.3, 00, 000/- (Three lakh) each, and in default of payment of fine, the appellants were to undergo simple imprisonment for two years each, for the offence punishable under S.364A / 120B of the Indian Penal Code. The appellants were also sentenced to undergo imprisonment for one year each, for the offence punishable under S.342/120B of the Indian Penal Code.

3. One Partha Pratim Roy Burman, on July 25, 2001 at 10.00 am, one of the Directors of Khadim Group of companies, left his house for his factory at Kasba Industrial Estate, by his TATA Safari vehicle bearing Registration No. WB - 02K / 4706 being driven by the driver Naba Kumar Mondal. After staying there for 15/20 minutes, he left for his godown at 37, Topsia Road. On way to the godown, when the he reached near a mosque at C.N. Roy Road at about 11.30 am, the vehicle of said Partha Pratim Roy Burman was intercepted by a Maruti - 800 vehicle. Two armed miscreants accompanied by some 2/3 other miscreants, came out of the said Maruti vehicle and hit on the front and right side window of the TATA Safari. Thereafter, the aforesaid miscreants forcibly dragged Partha Pratim Roy Burman outside his vehicle and took him in to the Maruti - 800 vehicle and fled away taking him along. The miscreants are said to be talking in Hindi.

4. Following the incident, the driver of the vehicle of Partha Pratim Roy Burman, namely Naba Kumar Mondal, first, went to Parama Police Investigation Centre and thereafter went to the house of Partha Pratim Roy Burman. A written complaint was lodge with Tiljala Police Station by Sidhartha Roy Burman, brother of the victim.

5. On the basis of such written complaint, Tiljala Police Station Case No. 223 dated July 25, 2001 under S.364A / 307/341/120B of the Indian Penal Code and 25/27 of the Arms Act was started. The police took up investigation and on completion thereof, submitted chargesheet against 35 accused persons under S.364A / 307/236/379/411/341/120B of the Indian Penal Code. The case was committed to the court of Sessions after taking cognizance of the offences.

6. However, the present appellants absconded the trial for which trial was split up and in the first phase was taken up against 22 accused persons. The present appellants were later brought to book and stood trial. Charges under S.364A / 342/120B of the Indian Penal Code were framed against the appellants herein to which, the appellants pleaded not guilty and claimed to be tried.

7. In order to establish the charges against the present appellants, prosecution examined as many as 68 witnesses in all. In addition, prosecution also relied upon several documentary evidences, which were admitted in evidence at the trial and marked as Exhibits.

8. The owner of the flat being 21 / B Gorachand Lane, Kolkata, deposed as PW1. He stated that the building where the said flat was situated belonged to his father who died in 2010. In March 2001 one flat on the top floor was lying vacant. There was advertisement published for letting out the flat. Mahmood Hassan had a talk with PW1 and his father and agreed to take the flat on rent. As agreed he deposited Rs.50,000/- as security deposit and took possession of the flat. He kept his belongings in the flat; however, he was personally not residing therein. One Bablu and Ansar used to reside there on behalf of Mahmood Hassan. Their guests used to visit the flat. PW1 also stated that in the end of 2001, police brought Mahmood Hassan to the rented flat. He was not having the