Joshi, J. -- 1. Appellant has filed this criminal appeal under section 374 of the Cr.P.C. being aggrieved by the judgment dated 28.9.2000 passed by Third Additional Sessions Judge, Shivpuri in S.T. No. 162/99 whereby the appellant is convicted under section 364-A of IPC (on two counts) and sentenced on each count to Life Imprisonment with fine of Rs.2000/- and on default of payment of fine directed to suffer six months additional Rigorous Imprisonment. It has also been directed in the impugned judgment that both the sentences of life imprisonment would run concurrently.

2. Prosecution’s case, in short, is that on 12.2.1998 at about 1.00 PM in the forest of Vinyasi, complainant Shyamveer (PW4), Hari Singh (PW9), Ranveer (PW10), Lakhan (PW5) and Girraj (PW7) were grazing their cattle as usual. At that time two persons came nearer to them and asked that where Silpura’s Gurjars could met and they took with them above mentioned Ranveer and Hari Singh on the pretext of showing them the way. One of the miscreants was having a gun. Thereafter, complainant Shyamveer (PW4) with Lakhan (PW5) and Girraj (PW7) after running reached to their village and in the meanwhile they saw that some other companions of the miscreants were also stayed at some distance, who joined them. Complainant and others informed about the abduction of Hari Singh and Ranveer to Babu Singh (PW3). Thereafter, Devendra Singh (PW2) with watchman (Chaukidar) proceeded towards police station, Gopalpur for lodging FIR, but in the way Sub-Inspector B.K.Mahore (PW14) met them, who came to village Silpura during his routine patrolling. Complainant Shyamveer intimated him about the incident, then B.K.Mahore (PW14) recorded Dehati Nalishi (ExP-1) which was sent later on through Constable Lalpat to police station Gopalpur for registration of crime and on the basis of Dehati Nalishi at police station Gopalpur, FIR (ExP-2) was recorded by Head Constable Rambaksh (PW8). Copy of the FIR was sent to the JMFC, Shivpuri on 13.2.1998. After receiving the ransom amount the abductees Ranveer and Hari Singh were separately released by the abductors.

3. Firstly, Hari Singh was released, who was interrogated by investigating officer, then information regarding accused persons of relating crime was received. Thereafter appellant Ramdayal @ Lambu was in custody in another crime. Present appellant was formally arrested on 10.7.1998 in this case and after completing the formalities of the investigation, charge sheet against the appellant was filed in the Court of CJM, Shivpuri describing other co-accused persons as absconders. In compliance to arrest warrant issued by the CJM, co-accused Man Singh was arrested on 9.2.1999, but other co-accused persons could not be arrested. CJM, Shivpuri committed the arisen criminal case to Sessions Court, who transferred the case to above mentioned trial Court. Trial Court framed charge for offence punishable under section 364-A of the IPC against present appellant and Man Singh. During trial, Man Singh expired. Before trial Court Faiya (PW1), Devendra (PW2), Babu Singh (PW3), Shyamveer (PW4), Lakahn (PW5), Meherban (PW6), child witness Girraj (PW7), Head Constable Rambaksh (PW8), Hari Singh (PW9), Ranveer (PW10), Ummed Singh (PW11), Ghanshyam (PW12), Sub Inspector C.S.Chauhan (PW13), and investigating officer Balkrishna Mahore (PW14) were examined as prosecution witnesses. It was the defence of present appellant that he has been falsely implicated. No defence witness was examined for him before the trial Court. After hearing, the trial Court placing reliance on prosecution evidence convicted and sentenced present appellant as aforesaid.

4. Learned counsel for the appellant vehemently contended that no test identification parade in relation to appellant was conducted during investigation of the relating crime and the trial Court erred in convicting the appellant only on the basis of doc identification of the appellant by relati