JUDGMENT :

Nalin Kumar Srivastava, J.

1. Since these appeals have been preferred against the same judgment and relate to same Crime Number, they were heard together and are being decided by this common judgment.

2. The Special Judge (DAA) / Additional Sessions Judge, Court No.5, Etah by judgment and order dated 22.11.2008 passed in Special Sessions Trial No. 25 of 1998 (Crime No. 346 of 1997), P.S. Soron, District Etah convicted and sentenced the appellants under Section 364A I.P.C. to undergo life imprisonment with a fine of Rs.2,000/- each and under Section 307 I.P.C. read with Section 149 I.P.C. to undergo seven years rigorous imprisonment with a fine of Rs.500/- each and in default of payment of fine, to undergo three months additional rigorous imprisonment. All the sentences were directed to run concurrently. Aggrieved with the said judgment, present appeals have been preferred by the appellants.

3. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Chandra Pal son of Roopram, resident of Badanpur, Police Station Soron, District Etah, on 22.11.1997 at 2.45 p.m., with the averments that in the night of 21/22.11.1997, as usual, he was sleeping inside his shop and his wife Prema Devi was sleeping in the shed with the kids and nearby his children were also sleeping on different cots. At about 12.00 p.m. when the wife of the informant made noise that miscreants had come, he came out unlocking the shop. Six seven miscreants came and took his 11 years old son Rajesh. On raising alarm by the informant and his wife, his neighbors also came there. When everyone tried to rescue the boy from the miscreants, they fired with guns and went towards south with the boy. Jabar Singh son of Siya Ram Jatav received gunshot injury in the occurrence.

4. On the basis of aforesaid written report, on 22.11.1997 F.I.R. was lodged against 6-7 unknown miscreants for the offence under Sections 364 and 307 I.P.C. Investigating Officer started investigation and inspected the spot and prepared the site plan. Injured Jabar Singh was medically examined on the same day at the Community Health Centre, Soron, Etah. During the course of investigation, on the basis of an information dated 4.12.1997, the Investigating Officer with other police personnel, reached Badanpur where the informant Chandrapal met and handed over a letter regarding demand of ransom of Rs.70,000/- in respect of the kidnapped boy. When the police personnel alongwith the informant and other persons, with a view to search out the kidnapped boy, reached the old brick kiln before the village Goyti, information was received that in the house of Pusey son of Sonpal Kashyap, the kidnapped boy alongwith the kidnappers are present. On the basis of the said information, the police personnel alongwith informer and other persons, reached at village Chauraghat and when on the tip of the informer, reached the corner of the western wall of the house of Pusey Kashyap, it was seen that six persons, armed with gun and tamancha, were sitting on the north face of the roof (kotha) and when they saw the police personnel, they fired 5-6 shots with intention to kill them. In their defence, the police personnel also fired upon them and by using necessary force, two miscreants were caught by surrounding them in front of