(Delivered by Hon'ble Bharat Bhushan, J.)

1. Appellants Mohammad Shafi alias Pappu, Rafiq, Fakaru, Ahmad and Rahimuddin have preferred aforementioned criminal appeals against judgment and order dated 15.9.2007 passed by Additional Sessions Judge (Fast Tract Court No. 2), Gautam Buddh Nagar in Sessions Trial No. 123 of 2001 (State versus Jameel and others) arising out of Case crime no. No. 91 of 2000 under section 396 read with Section 149 Indian Penal Code (in short, IPC), Sections 412, 201, 420 IPC, read with Section 149 IPC, Police Station (in short, P.S.) Surajpur, District Gautam Buddh Nagar and appellants were sentenced to life imprisonment and fine of Rs. 50,000/- under section 396 read with section 149 IPC with default stipulations; rigorous imprisonment for ten years and fine of Rs. 5,000/- with default stipulation under section 412 IPC; three years rigorous imprisonment and fine of Rs. 5,000/- under section 201 IPC with default stipulation under section 201 IPC; and three years rigorous imprisonment and fine of Rs. 5,000/- with default stipulation under section 420 IPC.

2. Appellants were, however, acquitted under section 307 IPC read with section 149 IPC.

3. Both the appeals have been heard together and are being decided by a common judgment.

4. Prosecution story, in brief, is that one Balwan Singh (PW-1) lodged an First Information Report (in short, FIR) on 26.9.2000 at P.S. Surajpur alleging that on 25.9.2000 his deceased driver Manoj and deceased conductor Devendra loaded "dust" (Kachchi Badarpur) in their dumper no. H.R. 38-D 8447 from village Pali, P.S. Ballabhgarh District Faridabad (Haryana). One Ravinder (PW-2) also boarded that vehicle along with two unknown persons. They left for village Sutyana and unloaded the 'dust' (Kachchi Badarpur) on the road and left. Thereafter they did not reach home.

5. The aforesaid report was filed against deceased driver Manoj, deceased conductor Devendra and Ravindra on 26.9.2000 as Case crime no. 91 of 2000 under section 406 IPC at Police Station Surajpur, District Gautam Buddh Nagar.

6. The aforesaid complainant Balwan Singh (PW-1) thereafter, furnished another written information (Ex.Ka.-2) to Station House Officer (in short, S.H.O.), P.S. Surajpur that two unknown persons booked his Dumper No. H.R. 38-D 8447 with deceased driver Manoj and deceased conductor Devendra who took the "dust" (Kachchi Badarpur) in the aforesaid Dumper from village Pali Crusher Zone for Lucknawali. PW-2 Ravindra also boarded this vehicle from village Anangpur District Faridabad (Haryana). At Sutyana turn, unknown companions requested the driver/conductor to unload the "dust" (Kachchi Badarpur) at D.I.G. Farm, therefore, they turned the dumper towards that road in a forest ahead of village Sutyana. Two-three additional unknown persons, apparently associates of two earlier unknown persons also boarded the dumper.

7. At this stage, 4-5 unknown persons were inside the vehicle along with deceased driver and deceased conductor. As soon as PW-2 Ravindra got down from the vehicle to open its Dala, the unknown miscreants already on damper jumped upon Ravindra PW-2 and strangulated him with a piece of cloth (Scarf/Safi). These miscreants left PW-2 Ravindra in an agricultural field assuming him to be dead. Luckily PW-2 Ravindra survived and therefore, was able to witness the subsequent events.

8. It is said that these miscreants also strangulated and killed deceased Manoj and deceased Ravindra from the same (Scarf/Safi). Their cloths were taken off and both the deceased were left only in their underwears. The miscreants took the dumper with them. It appears that this information was communicated by PW-2 Ravindra to complainant Balwan Singh (PW-1), whereupon Balwan Singh along with PW-4 Veer Singh, Jagat Singh (PW-3), Dayanand etc. went to the place of occurrence.

9. Complainant Balwan Singh (PW-1) clarified that he was under the wrong information that his vehicle was misappropriated by Manoj (decea