Joshi, J. -- 1. By this common judgment being passed in Criminal Appeal No.61/2005, four other Criminal Appeals No. 83/2005, 86/2005, 87/2005 and 955/2017 are also being decided as each of them has been filed against the judgment passed by the trial Court in Sessions Trial No. 123/1999, decided by Additional Sessions Judge, Datia.

2. Four appellants Banmali, Bhagwan Singh @ Suresh, Ramesh and Pratap have filed relating appeals under section 374 of the CrPC against the judgment dated 30.11.2004 passed by Second Additional Sessions Judge, Datia in relating sessions trial, whereby appellant Pratap has been convicted under section 364A read with section 120B of the IPC, whereas other appellants Banmali, Bhagwan Singh and Ramesh have been convicted under section 364A of the IPC and each of them is sentenced to life imprisonment in the abovementioned offence but appellant Ramesh has been additional convicted under section 302/34 of the IPC and sentenced to life imprisonment. At the time of passing of judgment dated 30.11.2004, remaining appellant Jagdish was absconding and later on in relation to appellant Jagdish, judgment dated 30.3.2017 was passed by Additional Sessions Judge, Datia in Sessions Trial No. 123/1999, whereby appellant Jagdish has been convicted and sentenced under section 147 of the IPC to undergo one year RI with a fine of Rs. 500/- with default stipulation; under section 302/149 of the IPC to undergo life imprisonment with a fine of Rs. 25000/- with default stipulation and under section 364A of the IPC to undergo life imprisonment with a fine of Rs. 25000/- with default stipulation. By the impugned judgments it was directed that all the jail sentences of present appellants Ramesh and Jagdish to run concurrently.

3. It would be significant to mention here that by the judgment dated 30.11.2004 other tried co-accused persons, Prakash, Mohan, Janakdulari, Udaijeet, Phoolwati, Krishna Devi, Sunita Bai, Shanti, Bhuri @ Bharti, Rambabu, Manoj, Dhaniram, Bhola, Mangal, Bhanta, Rajesh, Hariom, Rambabu s/o Vrakhlal, Jugalkishore, Kailash, Betu Khan, Pappu @ Kailash, Kallu, Pappu @ Chaturbhuj, Lakhan, Mansharam, Vijayram, Chhote Nawab, Jagat Singh, Kunwar Pal, Prembai were acquitted by the trial Court and the acquittal of above-mentioned persons has not been challenged by the State. It would further be significant to mention here that prior to passing of the judgment one co-accused Chhotibai had died.

4. Undisputedly, present appellants Banmali and Ramesh are residents of village Khiriya Saheb, District Datia and all the three abductees Sughar Singh (since deceased), Shankar (PW3) and Suresh Kumar (PW4) are also residents of the same village.

5. Prosecution case in brief is that some days prior to the date of incident, residents of village Khiriya Saheb, Suresh (PW4), Shankar (PW3), Sughar Sigh and Ramgopal (PW6) had gone to attend the marriage in a village of Uttar Pradesh and on the date of incident, i.e., 6.2.1999 at 8.30 p.m. they came back by bus and got off the bus near the road to their village and a nalah for reaching their village. At the same time one man threw torch-light on the faces of above-mentioned persons and cautioned them for stopping and at the same time four miscreants, each armed with a gun, came from nearby field, who ordered them to sit down otherwise threatened to be shot dead. Miscreants asked appellant Banmali that ‘who are the persons belonging to Kurmi caste’, then appellant Banmali disclosed to the miscreants that Suresh (PW4), Shankar (PW3) and Sughar Singh belong to Kurmi caste, then miscreants took these three persons Suresh, Shankar and Sughar Singh with them and others were allowed to go to the village. Remaining persons returned to village Khiriya Saheb and intimated complainant Ram Sahai (PW5) about the abduction of Sughar Singh, Suresh and Shankar at the same time. On the same day at 21:15 hours complainant Ram Sahai (PW5) lodged FIR (Ex.P-8) at Police Station Bhander against fo