Nagu, J.--1. The present appeal questions the legality, propriety and validity of the judgment of conviction dated 26.12.2007 rendered by Special Judge MPDVPK Gwalior in S.T. No. 37/2007 convicting the appellant for the offence punishable under section 364 A r/w 120 B of IPC for life imprisonment and fine of Rs. 1000/- with default clause with further conviction and sentence rendered under section 365 r/w 120 B of IPC for five years R.I. and fine of Rs. 500/- with default clause. The Court below despite finding the appellant guilty of the offence under section 11/13 MPDVPK Act did not impose any separate penalty since life imprisonment was already imposed for offence under section 364A of IPC. All sentences were directed to run concurrently.

2. The facts in nutshell are that the complainant Dashrath PW1 along with his companions Munna Dhobi, Kalicharan, Hukum Singh and Babulal Rawat orally informed the police that in the night intervening 26th March, 2004 and 27th March 2004, his brother Lokendra (PW8) alongwith Munna Dhovi (PW5), Kalicharan (PW3), Pajan Singh (PW2) and Vrindavan Baghel (PW4) had gone to the agricultural field of Kashiram Baghel village Pabaya for repairing