1. The instant criminal appeal is being preferred under section 374 of CrPC against the judgment of conviction and order of sentence dated 17.10.2008 passed in S.T. No. 04/2007 by the Special Judge, Datia whereby appellant- Durga (appellant of Cr.A. No. 812/2008) and appellant-Nandu (appellant of Cr.A. No. 866/2008) have been convicted under section 364A of IPC r/w section 11/13 of Madhya Pradesh Dacoity Vipran Prabhabit Khestra Act and awarded sentence for Life Imprisonment with fine of Rs. 25,000/- each with default stipulation.

2. Since both the appellants/ accused (Durga @ Raja and Nandu @ Nandkishore) have been convicted by the common order dated 17.10.2008 but appeals have been separately preferred by them, therefore, both the appeals are heard analogously and decided by this common order.

3. As per the case of the prosecution, FIR was registered on dated 24.8.2006 vide Crime No. 90/2006 at Police Station Badoni, District- Datia by the complainant Munna Kushwaha (PW2) in respect of an incident dated 4.7.2006 when around 11 p.m. in the night, Laxman alias Jhagga s/o Ramcharan Kushwaha while lying over in his agriculture field, caught hold of by some miscreants wielding f