Vinod Kumar Srivastava-III, J. –

Both the connected appeals are arised out of the same judgment and order,therefore, both the appeals are being decided by a common judgement.

2. These appeals have been filed against the judgement and order dated 21.2.2005 passed by the Additional District and Sessions Judge/Special Judge (E.C. Act), District Gonda in Sessions Trial No. 190 of 2003 (State v. Amit Kumar Singh and another), whereby learned trial court has convicted the appellants Amit Kumar Singh and Mintu Singh @ Dhirendra Pratap Singh for the offence under section 363 Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced each appellants to undergo five years rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment of fine one year additional imprisonment and further convicted and sentenced under section 364-A, I.P.C. for life imprisonment with a fine of Rs. 5,000/- and in default of payment of fine one year additional imprisonment. However all the sentences have been ordered to run concurrently. Brief Facts

3. Brief facts giving rise to the present appeals are that on 13.2.2002 complainant Vinay Kumar Singh lodged a missing report Ex-Ka-4 with t