(1.) Since all the appeals are connected with the common judgment dated 6.9.2004, passed by the Special Judge under MPDVPK Act, Shivpuri in Special Case No.76/2003, therefore, these appeals are being decided by a common judgment.
(2.) Each of the appellants has preferred the present appeals against the aforesaid judgment being aggrieved with conviction and sentence, whereby each of the appellants has been convicted for the offences under Section 364-A of Indian Penal Code (herein after would be in short the 'IPC') and Sections 11/13 of M.P. Dacoity Avam Vyapharan Prabhavit Kshetra Adhiniyam (herein after would be in short the 'MPDVPK Act') and sentenced to life imprisonment with fine of Rs.500/- each.
(3.) Facts of the case, in short, are that on 9.2.2003, complainant Ghanshyam (PW-1), his brother Mohan Singh (PW-5) and father Kashiram (PW-4) went to their field at village Beejri, Police Station Rannod, District Shivpuri to irrigate the field. At about 11 pm, Kashiram (PW-4) and Mohan Singh (PW-5) went back to village Beejri with the help of a bullock-cart. Complainant Ghanshyam and his Uncle Hanuman Singh remained at the field. On 10.2.2003 at about 8 am, complainant Ghanshyam went to his house but on the way he found that bullock-cart was lying on the way and both the bullocks were held with a tree. He rushed to the house and found that his father Kashiram and brother Mohan Singh were missing, therefore, he had lodged a First Information Report (Ex.P/1) at Police Station Rannod, which was registered by Station House Office (SHO) D.J.Rai (PW-13). Steps were taken for tracing the abducted persons Kashiram and Mohan Singh. SHO D.J.Rai prepared spot map Ex. P/-2. He examined various witnesses. On 15.2.2003, abductee Kashiram (PW-4) appeared before the SHO D.J.Rai (PW-13) and stated that he was released by the culprits and a detailed statement of Kashiram was recorded by S.H.O. D.J.Rai.