JUDGMENT :

Syed Waiz Mian, J.

1. This Appeal has been directed against the impugned judgment and order dated 18.10.2013, passed by Special Judge, D.A. Act/Additional Sessions Judge, Court No. 1 Chitrakoot, in connection with Session Trial No. 147 of 2007, State vs. Gudda @ Rajman @ Raj Kumar @ Jhalla @ Guddu Kol and others, whereby, the learned trial Court has convicted the appellants/ accused with multiple sentences, for offences under Sections-147, 148, 149, 364, 302, 201 I.P.C. and Section 14 of D.A. Act, Police Station-Raipura, District-Chitrakoot.

2. It has also been directed that all sentences shall run concurrently.

3. Heard Shri Rajrshi Gupta assisted by Shri Rijvaan Ahmad, Ms. Shambhavi Shukla, Shri D.P. Singh, learned counsels for the appellants and Shri Om Prakash Mishra, learned A.G.A. for the State and perused the record.

4. Brief facts of the prosecution story unfolds as under:

5. Informant Raghunandan Pathak, along with Ram Khilawan, came to village Hanumanganj, to purchase wheat. They came at the gate of Kamla in Kol Basti. In the village Hanumanganj, Daya Shankar Kol met them; Shankar Kol was also present, who made some conversation with Raghunandan. After a while, informant’s brother, Rajjan Mishra, had also reached there and seen that Shankar Kol, Raghunandan, had some talk with him, Gudda Kol had also reached there and Shankar Kol, Gudda Kol and Jiya Lal caught the hand of his bother and took his brother towards Jungle; at some distance, 15-20 people were spotted sitting in two black four wheelers; Shankar Kol, Gudda and Jiya Lal took his brother near the persons who were sitting in two four wheeler vehicles and leaving their vehicles on spot, they all took his brother towards Jungle and after some time, both vehicles returned towards Lalta Road.

6. It is further alleged in the written First Information Report, Exhibit Ka 3 that on 22.05.2007 at around 10 p.m. Shankar Kol, Gudda Kol and Jiya Lal had visited his village and had forbidden to pluck Tendu leaves.

7. It is also alleged in the written First Information Report that on 23.05.2007 at around 4 a.m. wife of Gopi, and Rajjan had also went in the northern side of Jungle to pluck Tendu leaves, where Shankar, Gudda Kol and Jiya Lal were also present and all of them had forbidden the aforementioned women to pluck Tendu leaves. They had returned to their village; since then his brother Rajjan Mishra was missing. Shankar Kol, Gudda Kol, Jiya Lal and their 15-20 associates to whom he had, no acquaintance, kidnapped his brother with intention to kill him, from village-Hanumanganj. He and others made search of Rajjan Mishra, but could not get any information. Since the next day of the incident Raghunandan had also gone to an undisclosed place.

8. On the basis of written First Information Report, Exhibit Ka-13, a criminal case at Crime No. 46 of 2007 under Sections-147, 148, 149, 364, 302, 201 I.P.C. and 14 of D.A.A. Act, on 05.06.2007 at 13.30 p.m. was lodged against accused Shankar Kol, Gudda Kol and Jiya Lal and their 15-20 associates. Substance of the First Information Report was entered into G.D. No. 27 on 05.06.2007 at 1:30 p.m. and matter was investigated.

9. During investigation, accused Radhe @ Subedar was arrested. Investigating Officer took him on police remand for 48 hours and on his interrogation he stated that he can get recovered the voter I.D. and Ration card of Rajjan Mishra and the investigating officer, along with police team on 15.05.2008, accused Raju Kol, Sukhnandan, along with public witnesses, Dharmendra Pandey and Rajjan Mishra, went towards Giduraha (Bandhak) Jungle, at Hanuman Chauk. Accused Radhe @ Subdear Singh, took them in the east of Hanuman Mandir, Manikpur Range, near a deserted Kothri and accused Radhe informed them that near the roof of said Kothri in the heap of bricks he had concealed the I.D. card and ration card. Accused Radhe @ Subedar, entered into the deserted Kothri and from heap of bricks, lying near the roof, one polythene pac