Sunita Gupta, J.

1. This appeal is preferred by the appellant Wasim @ Pahari who has been convicted by learned Additional Sessions Judge in Sessions Case No. 124/2008 arising out of FIR No. 276/2008, PS Welcome for offence under Section 392/394/397 IPC vide impugned order dated 10th March, 2011 and sentenced as under vide order on sentence dated 15th March, 2011: (i) rigorous imprisonment for seven years for offence under Section 394 IPC and fine of Rs.3000/-, in default of payment of fine to undergo simple imprisonment for six months, (ii) seven years rigorous imprisonment for offence under Section 392 IPC and fine of Rs.3000/-in default of payment of fine to undergo SI for six months and (iii) seven years rigorous imprisonment for offence under Section 397 IPC. Benefit of Section 428 Cr.P.C was given. All the sentences were to run concurrently.

2. The facts leading to this appeal, briefly stated, are that on receipt of DD No. 28A, Ex.PW8/A regarding assault to a boy at Kabir Nagar, 33 Foota Road and he is being taken to G.T.B. hospital Head Constable Birender (PW1) along with Constable Chaman (PW4) reached 33 ft. Road, Gali No. 1, Kabir Nagar where they came to know that