G.S. Sistani, J

1. Challenge in the present appeal, filed under Section 374(2) of the Code of Criminal Procedure, is to the judgment dated 27.8.2010 and order on sentence dated 30.8.2010 passed in Sessions Case No.140/2008, arising out of FIR No.58/2004, registered under Section 364A/420/120B/34 IPC, Police Station Mahipalpur, by which the appellant has been sentenced to undergo imprisonment for life for the offences punishable under Section 364A IPC and under Section 120B IPC. It was directed that the sentences would run concurrently. In addition thereto, the appellant was directed to pay a fine of Rs.5,000/-, each, for the offences and in default thereof simple imprisonment for six months, each.

2. The version of the prosecution, as noticed by the trial court, is as under:

“1. The case of the prosecution is that Ram Sanjivan, a blind man, was a distributor of ‘Amway’. He has a child namely Prateek aged 6 years, while Krishan Kumar (P.O) was a tenant of Ram Sanjivan in House No.294, Pocket-I, Phase-II, Sector-13, Dwarka, New Delhi.

2. It is further the case of the prosecution that accused Subhash, Krishan Kumar and Shishir Kumar entered into a criminal conspiracy to commit