1. - The present appeals have been listed under the orders of Hon'ble Apex Court passed on 11th April, 2014 in Special Leave to Appeal (Cri.) No.(s). 4734/2014 as appellants Rameshwar, Dinesh @ Pillu and Mukesh are in custody for a period of more than eight years.

2. By this common judgment D.B.Criminal Appeal No.158/2010 preferred by Rameshwar and Dinesh @ Pillu, D.B.Criminal Appeal No.1066/2008 instituted by Mukesh and D.B.Criminal Appeal No.1100/2008 filed by Munesh Kumar shall be decided together.

3. On 29th July, 2006, between 3-4 P.M. Tulsi Ram a young boy aged 13-14 years as per prosecution case was kidnapped. He was recovered by the police from a hut near temple of Narayani Mata on 01st August, 2006 at 5.40 A.M.vide memo Exhibit P/10. As per police, at the time of his arrest, two of the appellants Mukesh and Dinesh were apprehended at the spot. Investigating agency had nominated four appellants namely; Mukesh, Munesh, Rameshwar and Dinesh @ Pillu, as accused.

4. All the four appellants were tried by the Court of Additional Sessions Judge (Fast Track) No.3, Bharatpur Camp at Bayana Distt. Bharatpur. The said Court on 27th September, 2008 vide impugned judgment had convicted appellants Mukesh Son of Harsahay Meena and Dinesh @ Pillu Son of Ganshiram Meena for offences under Sections 120(B), 365 and 364A IPC. Rameshwar Son of Ganshiram was convicted for offences under Sections 120B and 364A IPC. However, appellant Rameshwar was acquitted for offence under Section 365 IPC. Appellant Munesh Son of Omprakash was only convicted for offence under Section 120B IPC. Vide a separate order of even date, each appellant was sentenced as under:-

Mukesh and Dinesh @ Pillu for offence under Section 365 IPC:- Four Years rigorous imprisonment and pay a fine of Rs. 500/- each and in default of payment thereof, to further undergo 15-15 days simple imprisonment;

Mukesh, Dinesh @ Pillu and Rameshwar for offence under Section 364(A) IPC:- Life imprisonment and pay a fine of Rs. 1000/- each and in default of payment thereof to further undergo one month simple imprisonment;

Mukesh, Dinesh @ Pillu, Rameshwar and Munesh For offence under Section 120B IPC:- Seven years rigorous imprisonment and pay a fine of Rs. 1,000/- each and in default of payment thereof, to further undergo one month simple imprisonment.

All the sentences were ordered to run concurrently.

5. Conviction pronounced and sentenced awarded has been assailed by the four appellants by filing three appeals. Appellant Munesh has filed S.B.Criminal Appeal No.1100/2008 which was later treated as a D.B.Criminal Appeal. Appellant Mukesh had filed Criminal Appeal No.1066/2008 whereas two brothers Rameshwar and Dinesh @ Pillu had preferred DB Criminal Appeal No.158/2010.

6. Before we advert to the evidence and recapitulate the same, it is to be noted that all independent witnesses have turned hostile and have not supported the prosecution case. Star witness of the prosecution is Tulsi Ram (PW-9) victim who was allegedly kidnapped for ransom and was recovered by the police. To corroborate his testimony, prosecution has examined his father, first informant namely Ram Khiladi Sharma (PW-1), His sister Kumari Laxmi (PW-5). PW-6 Smt. Jagvati his mother and another relation i.e. uncle (Taya) Badan Singh, PW-14 who had attested memo of recovery of Tulsi Ram (PW-9). Prosecution case also rest upon deposition of police witnesses who had recovered the child from the possession of two accused namely; Mukesh & Dinesh @ Pillu.

7. Criminal Prosecution was set into motion by Ram Khiladi (PW-1). On 29th July, 2006 at about 11.00 P.M. he presented a written complaint Ex.P/1 before SHO Rajendra Rawat, PW-17, Police Station Bhusawar Distt. Bharatpur. On the basis of written complaint, formal FIR Ex.P/2 was registered at Police Station, Bhusawar Distt. Bharatpur. In written complaint, Ramkhiladi (PW-1) had stated that on 29th July, 2006 at the house of his nephew Ramesh Sharma 3-4 calls were received. The witnes