Hon’ble Pramod Kumar Srivastava, J.—These appeals have been preferred against the judgment of conviction and sentence dated 29.1.2007 passed by Additional Sessions Judge, FTC, Court No. 1, Kanpur Dehat in Sessions Trial No. 502 of 2002, State v. Kamla Devi under Section 302/149, 364, 201, 342 IPC, S.T. No. 502-B of 2002, State v. Mahdendra Singh and others under Sections 302/149, 364, 201, 342 IPC, S.T. No. 502-C/2002, State v. Kamla Devi under Sections 302/149, 364, 201, 342 IPC and ST No. 389 of 2003, State v. Balwant, under Section 302/149, 364, 201, 342 IPC all relating to crime No. 1/2002, P.S. Shivli, Kanpur Dehat and ST No. 503 of 2002, State v. Mahendra under Section 25 Arms Act. Crime No. 4 of 2002, P.S. Shivli, Kanpur Dehat by which appellants Balwant, Mahendra and Kamla Devi had been convicted and punished. Since all the Sessions Trials related to same incident and same crime, therefore, their trial was carried and concluded jointly, hence above mentioned three appeals are being considered and decided jointly by a common judgment.

2. Prosecution case in brief was that complainant Smt. Ram Dulari wife of Surendra Nath, resident of Bagahi, Kanpur Nagar had given a written report (Ex. Ka-1) dated 4.1.2002 to S.P., Kanpur Dehat on the basis of which case crime No. 1/2002 under Section 364, 342, 323 was registered. In this report she had alleged that her brother Rajesh was married to Shanti alias Gudia, daughter of Ganga Sagar, r/o village Ganga Sewak, Kheda, Unnao. Suresh was brother-in-law of complainant’s brother Rajesh, who had some joint business with Jagat Pal and his son Ram Charan; but due to some dispute Jagat Pal and Suresh had separated their business. After sometime Jagat Pal had lodged a report in police that his daughter Kiran was abducted by Suresh, and in that case Suresh was detained in jail for long time. After release from the jail Suresh started residing with her sister and brother-in-law in Bagahi, Kanpur. Suresh had a talk with Jagat Pal with his false implication in criminal case. Jagat Pal had informed that he had married his daughter with Mahendra, of village Tehrani, Kanpur Dehat. Further talks in that regard was fixed to be held at residence of Mahendra on 31.12.2001. Complainant Ram Dulari, her Bhabhi Gudia, nephew Raj Kumar and Suresh had hired a vehicle (Gypsy) and started at 9.00 a.m. in the morning for village Tehrani, p.s. Shivli, Kanpur Dehat. They reached near village Tehrani at about 11:00 a.m., but before entering into the village Gudia’s son Raj Kumar insisted for immediately going to latrine. On this Suresh told others that they may go to house of Balwant and he will come later on with Raj Kumar. Then complainant’s vehicle reached at house of Balwant where some persons were sitting. Gudia informed complainant that sitting among them were father of Kiran, her brother Jagat Pal, Ram Charan and brother in law Raju. Ram Charan informed Gudia that Balwant Singh is father-in-law of Kiran and Mahendra as father of Kiran and a lady as mother-in-law of Kiran. When Jagat Pal asked about Suresh then Gudia told that Suresh will come with his nephew who were detained outside the village for latrine. Those persons asked complainant and Gudia to go inside the house. When complainant and Gudia entered in the house they were detained and locked in a room. After about two hours complainant and Gudia heard voices of Suresh and Raj Kumar, then they peeped through the window and saw that Jagat Pal, Ram Charan, Raju, Balwant and Mahendra were beating Suresh with kicks and fist, and Kiran’s mother was holding Raj Kumar. After beating Suresh for sometime Jagat Pal told that these persons should be disposed off, then Balwant, Mahendra and Raju taken away Suresh from there, and Jagat Pal and Ram Charan had taken Raj Kumar. The complainant and Gudia had requested those accused persons for the release but they were not heard. Next day on 1.1.2002 at about 10 or 11 O’clock Balwant Singh had opened the d