Nisha Gupta, J. - (1.) ALL these three appeals are related to same incident and arises of a common judgment hence, these appeals are being decided by this common judgment.
(2.) THESE appeals have been filed against the judgment dated 8.12.2009 passed by Special Judge (Dacoity Affected Area) Dholpur in Sessions Case No. 98/2006 whereby the appellants were convicted and sentenced as under: "Raju @ Kaliya, Gajendra Singh @ Shyam Singh @ Shyam Under Section 364A IPC R/W 11 R.D.A - to undergo Life imprisonment and penalty of Rs. 10000/ - and in default to further undergo one year R.I. Under Section 395 IPC - to undergo ten years R.I. and penalty of Rs. 5,000/ - and in default to further undergo six months S.I. Under Section 148 IPC - to undergo two years R.I. and penalty of Rs. 1000/ - and in default to further undergo three months S.I. Gabda @ Gabad Singh @ Gopal Under Section 364A IPC R/W 11 R.D.A - to undergo Life imprisonment and penalty of Rs. 10000/ - and in default to further undergo one year R.I. Under Section 395 IPC - to undergo ten years R.I. and penalty of Rs. 5,000/ - and in default to further undergo six months S.I. Under Section 148 IPC - to undergo two years R.I. and penalty of Rs. 1000/ - and in default to further undergo three months S.I. Ravindra @ Raju @ Bijali; Naresh @ Shaka @ Lal Baniyan Under Section 364A IPC R/W 11 R.D.A - to undergo Life imprisonment and penalty of Rs. 10000/ - and in default to further undergo one year R.I. Under Section 395 IPC - to undergo ten years R.I. and penalty of Rs. 5,000/ - and in default to further undergo six months S.I. Under Section 148 IPC - to undergo two years R.I. and penalty of Rs. 1000/ - and in default to further undergo three months S.I. (All the sentences were ordered to run concurrently)" The short facts of the case are that Rajendra Sharma lodged a written report (Ex. P/11) at Police Station Rojakhera Distt. Dholpur with the contention that on 4.6.2006 at about 5.30 P.M. they went to have gravel. Harikant, Shyam, Ramesh, Anil, Rishikesh, Munnalal, Virendra, Satish, Pradeep, Vinod, Satya Prakash, Siyaram and some other persons were also with them. Out of them, the dacoits took Harikant, Shyam, Ramesh, Anil, Rishikesh, Munnalal, Virendra and Satish and left other persons after giving them beating. The dacoits were 14 -15 in number and all were having rifles, except two. Vinod and Raju were also there. They also went to have gravel. The dacoits left them and had not beaten them. Raju informed dacoit that he has served food and water to him. Therefore dacoits spared him. Ramakant, Lala and Munna were also with the tractor pliers. On this written report, FIR No. 94/2006 was registered on 5.6.2006. Search was made for the abducted persons finally abducted persons were released by the dacoits on 21.7.2006 and after usual investigation charge -sheet was filed against the appellants and others. The case was committed and tried by Special Judge (Dacoity Affected Area) Dholpur.
(3.) THE charges were framed against the appellants for the offence under Sections 148, 364 -A, 395 IPC and Section 11 of the Rajasthan Dacoits Affected Area Act which were denied by the accused persons and they claimed to be tried. The prosecution examined PW/1 Shyam, PW/2 Anil, PW/3 Harikant, PW/4 Virendra, PW/5 Satish, PW/6 Munnalal, PW/7 Rameshchand, PW/8 Rishikesh, PW/9 Vinod, PW/10 Ramnaresh, PW/11 Barelal, PW/12 Ashok Pachori, PW/13 Vinod S/o. Atarsingh, PW/14 Rajesh Kumar, PW/15 Vikalsingh, PW/16 Lakhansingh, PW/17 Rajkumar, PW/18 Thakurdas, PW/19 Siyaram, PW/20 Ramakant, PW/21 Dharmsingh, PW/22 Omprakash, PW/23 Netrapal Choudhary, PW/24 Ramvakil, PW/25 Vinod Kumar S/o. Matadeen, PW/26 Jaiprakash Singh, PW/27 Gulamnavi and PW/28 Sirmor to support its case. Prosecution has also relied upon documents Ex. P/1 to P/20.;