RAJUL BHARGAVA,JJ. - (1.) Heard Sri R.K. Vaishya, learned counsel for the appellants and Sri Syed Ali Murtaza, learned AGA for the State.
(2.) This Criminal Appeal under Section 374 (2) Cr.P.C., 1973 has been filed by convict-appellants Gyan Singh and Man Singh against the judgment and order dated 7.2.2009, passed by Additional Sessions Judge, Court No.1/Special Judge (Dacoity Affected Area) District Mahoba in S.T. No.47 of 2006, State v. Vrindavan and others, arising out of Case Crime No.175 of 2006 , convicting and sentencing the appellants under Section 364-A IPC read with section 2-B of Dacoity Affected Area Act and have been sentenced to life imprisonment each and a fine of Rs. 10,000/- each, in case of default in payment of fine to further undergo additional imprisonment for a period of one year.
(3.) The prosecution story as narrated from the record before us is as under:- The First Information Report was lodged at Police Station Charkhari District Mahoba on 7.3.2006 at 22.15 hours by one Ashish Tripathi. In the First Information Report, it was stated that in the night 6/7.3.2006 around 2.00 A.M., when father of the first informant Krishna Bihari along with one Rameshwar and Ram Kishore both sons of Bandi Kushwaha were lying in the Khalihan, one Panchu along with his accomplice reached and demanded water for drinking, thereafter they took away Krishna Bihari along with them for the purpose of showing the way. It was stated that the father of the first informant has returned since then and the informant apprehend that some untoward incident has taken place. The First Information Report was registered as Case Crime No.175 of 2006, under Section 364 IPC, Police Station Charkhari, District Mahoba.;