Sunita Gupta, J.

1. Challenge in this appeal is to the judgment dated 26.03.2003 and the order on sentence dated 31.03.2003 arising out of Sessions Case No.133/96 in case FIR 310/94 u/s 392/397/34 IPC, P.S. Okhla Industrial Area, vide which the appellant along with his co-accused was held guilty of offence u/s 392 read with Section 34 IPC and was sentenced to undergo 27 months rigorous imprisonment and to pay a fine of Rs.500/- each, in default of payment of fine to undergo simple imprisonment for 15 days.

2. Prosecution case emanates from the fact that on 8.10.1994, ASI Shiv Singh (PW 7) along with Ct. Anand Kumar (PW 3) and Ct. Brahm Singh reached Shyam Nagar at about 11.50 a.m where the complainant Ravinder Chetwani (PW1) met them and gave his statement, Ex.PW 1/A regarding commission of robbery of Rs.1,50,000/-. Endorsement Ex. PW 7/A was made by ASI Shiv Singh and the same was sent through Ct. Anand Kumar to police station on the basis of which FIR Ex.PW 2/B was recorded by Ct. Itwari Singh (PW2).

3. It is further the case of prosecution that on 03.02.1995, SI Vimal Kishore Tripathi (PW 9) posted at Spl. Staff South District interrogated two accused Ramesh Kumar and