JUDGMENT :

Biswajit Mohanty, J. - The above Criminal Appeals arise out of a common judgment dated 13.9.2007 passed by learned Sessions Judge, Sundergarh in S.T. Case No. 169 of 2004 in which the learned Sessions Judge has held the appellants of the above mentioned Criminal Appeals along with one Atul Pandey guilty of offences under Sections 364A/34; 342/34 & 120B, IPC and accordingly, convicted them thereunder. Consequently, the learned Sessions Judge, Sundergarh sentenced all four appellants along with Atul Pandey to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each in default to undergo R.I. for two years each under Sections 364A/34, IPC, R.I. for ten years each and to pay a fine of Rs. 5,000/- each in default to undergo R.I. for one year each under Section 120B, IPC and to undergo R.I. for six months each under Sections 342/34, IPC. He further directed that all the substantive sentences to run concurrently and the U.T.P period be set off under Section 428 of the Cr.P.C. However, the learned Sessions Judge, Sundergarh acquitted the above mentioned four appellants along with one Atul Pandey of the charges under Section 395, IPC and Sections 25/27 of the Arms Act. Further, the learned Sessions Judge acquitted the other accused persons, namely, Pradeep Srivastava, Rajendra Prasad and Santosh Jha of all the charges. Against such acquittal of Pradeep Srivastava, Rajendra Prasad and Santosh Jha, Criminal Revision No. 1426 of 2007 has been filed by Rajesh Gadodia, who is the informant. While hearing Criminal Revision No. 1426 of 2007, analogously it was brought to our notice that in the meantime Rajendra Prasad has died. Though Atul Pandey has filed CRLA No. 523 of 2007, however, the same has been segregated as he is presently absconding.

2. The case of the prosecution is that on 24.1.2004 at about 3.30 P.M., Sawarmal Gadodia (P.W.8), an industrialist of Rajgangpur left his residence for Sundergarh in his Maruti Zen Car bearing registration No. OR-16-A-5921 driven by his driver Fransis Minz (P.W.7). P.W.8 also took one Amin, namely, Biranchi Bag of Rajgangpur Tahasil with him. P.W.8 first went to his factory at Budhakata. After that P.W.8 visited his factory at Bai-Bai. At Bai-Bai P.W.8 left Biranchi Bag for demarcation of a land. Thereafter, he proceeded to Sundagarh. As P.W.8 did not return home by 10 P.M., the informant (P.W.1), who is the son of P.W.8, sent his staff, namely, Deepak Sharma and Prabin Patra to Sundergarh. On the way near Karamdihi, Deepak Sharma and Prabin Patra found the Maruti Zen Car of P.W.8 by the road side. They also informed P.W.1 (informant) that unknown culprits had followed the Maruti Zen Car in a Bolero vehicle and stopped the said Zen Car on the point of pistol and took P.Ws.7 and 8 in their Bolero vehicle. As P.W.8 is an Industrialist, his son (P.W.1) suspected that the unknown culprits have abducted P.W.8 with a motive to demand money. Accordingly, P.W.1 lodged F.I.R. (Ext.1) at 11 P.M. before the IIC, Sadar Police Station, Sundergarh on 24.1.2004. Basing on this, the case was registered and investigation commenced. During course of investigation, witnesses were examined, spot was visited, a number of persons including present appellants and three opposite parties of Criminal Revision No. 1426 of 2007 were arrested, some weapon of offences were recovered and the victims - P.Ws.7 and 8 were rescued from the farm house of the appellant-Virendra Jaiswal situated at Hartoli in the State of Chhattisgarh. Three appellants, namely, Roshan Ali, Rajan Mishra and Shamim Sidique along with one Atul Pandey were put to Test Identification Parade. Voices of appellants-Rosan Ali and Rajan Mishra were recorded by the Magistrate for comparison. The Bolero vehicle in which the victims (P.Ws.7 & 8) were abducted and the Maruti Zen Car in which P.Ws.7 and 8 proceeded to Sundergarh were seized. Sanction order of the Additional District Magistrate for prosecution under the Arms Act was obtained and afte