Per Amitav K. Gupta, J.

Both the appeals are directed against the judgment and order of conviction dated 19.4.2003 and 22.4.2003 respectively passed by the learned 4th Additional Sessions Judge, FTC, Garhwa in Sessions Trial No.142 of 2002 arising out of Garhwa P.S. Case no.152/02 corresponding to G.R. No.574/02, whereby and whereunder the above named appellants have been convicted for the offence under Sections 364 A of the Indian Penal Code(IPC for short) and have been sentenced to rigorous imprisonment for life and a fine of Rs.5,000/-and in default thereof to undergo further simple imprisonment of six months.

2. Brief facts of the prosecution's case as per the written report of informant, Munnilal Sao (P.W.-1), is that on 21.7.2003 he and his brother, Mahaveer Sao (P.W.-3, the victim) were in their scrap (Kabari) shop. At 13:30 hrs. three accused viz. Chand Kureshi, Sajid and Vinod Ram entered the shop and after flashing their pistols, forcibly dragged P.W.-3 and made him sit in the Maruti Van bearing registration No.BR-15-5860. Two other persons were sitting one of whom he identified as Sanjay Gupta, but could not identify the other person. It is alleged that the ac