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 t