JUDGMENT :

Manoj Misra, J.

1. This appeal is against the judgment and order dated 19.11.2008 passed by the Special Judge (Dacoity Affected Area), Hamirpur in Special Sessions Trial No. 70 of 1997 connected with Special Sessions Trial No. 29 of 1998, arising out case crime no.64 of 1997, P.S. Kurara, district Hamirpur, convicting and sentencing the appellant-Rakesh under Section 364-A IPC to imprisonment for life coupled with fine of Rs. 5,000/-and a default sentence of three months additional R.I. It be noted that the appellant was also tried for offence punishable under Section 326 I.P.C. but he was acquitted thereunder.

INTRODUCTORY FACTS

2. Dev Singh (PW-1) submitted a written report (Exb. Ka-1), dated 27.03.1997, scribed by Rihal Singh (not examined), at PS Kurara, district Hamirpur, on 27.03.1997, at 11 am, against unknown persons, giving rise to case crime No. 64 of 1997, under Section 364-A I.P.C. The GD entry of that report was made vide report no. 16 (Exb. Ka4) and a Chik FIR (Exb. Ka-3) was also prepared. According to the FIR, in the evening of 26.03.1997 while informant’s son Virendra Singh (PW-3) and informant’s younger brother Guman Singh (PW-2) were returning from their f