G.S. Ahluwalia, J.

This criminal appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 15.02.2008 passed by Special Judge (MPDVPK Act), Shivpuri in Special Sessions Trial No.60/2004 thereby convicting the appellant under Section 365/34 of IPC and sentencing him for rigorous imprisonment of seven years and a fine of Rs.1,000/- with default imprisonment and under Section 364-A/34 of IPC and sentencing him for life imprisonment and a fine of Rs.5,000/- with default imprisonment. Both the sentences have been directed to run concurrently.

2 Before adverting to the facts of the case, it is necessary to refer to certain important facts. Earlier the charge-sheet was filed against the appellant and the other co-accused persons namely Dayaram Gadariya, Rambabu Gadariya, Prakash Gadariya, Sobran Gadariya for offence under Sections 364-A, 365/34 of IPC and Section 11/13 of MPDVPK Act by showing him to be absconding. Accordingly, the warrants of arrest were issued. Later on, a report was submitted that the co-accused Sobran Singh has died on 06.01.2006. On 26.06.2006 the warrant of arrest issued against the appellant was received back with an informa