JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – This judgment shall also govern disposal of CRA No. 885 of 2011, Narayan s/o Chhadami Kushwah vs. State of M. P., CRA No. 898 of 2011, Pancham Singh s/o Channi Jatav and others vs. State of M. P., CRA No. 100 of 2012, Narayan s/o Bhambar Singh Mirdha vs. State of Madhya Pradesh and CRA No. 666 of 2012, Udal Singh s/o Patiram Kushwah vs. State of Madhya Pradesh preferred under section 374 of Criminal Procedure Code.

2. Vide Judgment dated 8-8-2011 passed by Special Judge (MPDVPK Act, 1981) Gwalior (MP) in Special Sessions Trial No. 70 of 2004, appellants accused Pancham Singh, Kalyan alias Kallu Gurjar, Narayan Kushwah, Narayan Singh Mirdha, Punjab Singh Gurjar have been convicted under section 364-A, Indian Penal Code and sentenced to undergo Life Imprisonment and under section 365, Indian Penal Code, sentenced to undergo Five Years Rigorous Imprisonment with fine of Rs. 300/- each, with default stipulation whereas appellants Gariba alias Hanumant Singh Jatav and Tunda alias Rajesh Jatav have been convicted under section 364-A read with 120-B, Indian Penal Code and sentenced to undergo Life Imprisonment and under section 365 read with section 120-B, Indian Penal Code read with section 13 of MPDVPK Act and sentenced to undergo Five Years RI with fine of Rs. 300/-, with default stipulation. Both sentences have been directed to run concurrently.

3. As appellant accused Udal Singh Kushwah had been absconded during trial, therefore, a separate judgment dated 28-6-2012 has been passed in the same Special Sessions Trial No. 70 of 2004 by Special Judge (MPDVPK Act, 1981) Gwalior by which appellant accused Udal Singh has been convicted under section 364-A, Indian Penal Code and sentenced to undergo Life Imprisonment and under section 365, Indian Penal Code read with section 13 of MPDVPK Act, sentenced to undergo Five Years rigorous imprisonment with fine of Rs. 300/- with default stipulation. Both sentences have been directed to run concurrently.

4. Since the factual matrix in all criminal appeals is same, therefore, for the sake of convenience, all criminal appeals are heard simultaneously.

5. According to prosecution case, complainant Laxman Singh (PW3) lodged a report at Police Station Bijoli on 16-2-2004 to the effect that his tube-well in the agricultural field situated at the turn of Village Berja. His nephew Gopal (since abductee) had gone to sleep at the tube-well after having dinner in the night at around 10:00 O’clock and on the next day, Gopal did not return home till 10:00 O’clock in the morning. Thereafter, Ramveer brought food at the tube-well where Gopal was not found available. Then, Ramveer informed in the house that Gopal was not found present at tube-well. Afterwards, Gopal was searched at the place of Haridwari (who is brother-in-law of Gopal) but he was not found. The people of village also arrived there. Gopal was searched again at the tube-well and a key was found lying outside the gate and a lathi was also lying nearby and one of the shoes of Gopal was also found lying and the mustard crops in the field was found here and there. In this regard, a missing report vide Crime No. 4/2004 was got registered and investigation was started. During investigation, it was found that said Gopal was abducted for a ransom and causing death. On that basis, Crime No. 42/2004 under section 364-A of Indian Penal Code was got registered against five- six miscreants at PS Bijoli. Prakash (the brother of Gopal) and relative Jagat Singh went to Mau and Kheriya to search Gopal out and in Village Kheriya, Karan Singh told that Gopal has been kidnapped by Pancham Jatav, Narayan Kachhi, Udal Singh Kachhi, Narayan Singh Mirdha, Kalyan Singh Gurjar and Sumer Kachhi (died during pendency of trial). Thereafter, on reaching Village Kheriya, they met Udal Kachhi who demanded Rs. 5 lakh for the purpose of release of abductee Gopal. Thereafter, Jagat Singh and Prakash along with accused Udal Kachhi went t