Indermeet Kaur, J.

1. These are two appeals directed against the impugned judgment and order of sentence dated 03.04.2006 & 07.04.2006 respectively wherein appellant Asif and appellant Nadeem have been convicted under Section 395 read with Section 397 of the IPC besides a separate conviction under Section 25 of the Arms Act. Accused Asif has been additionally convicted under Section 412 of the IPC as well. Each of the appellants has been sentenced to undergo RI for a period of 7 years for the offence under Section 395 read with Section 397 of the IPC besides a fine of Rs.2,000/-and in default of payment of fine to undergo, SI for 6 months; for the offence under Section 25 of the Arms Act, each of them has been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.500/- and in default of payment of fine, to undergo SI for one month. For the offence under Section 412 of the IPC, the convict Asif has been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.1,000/- and in default of payment of fine, undergo SI for 3 months.

2. The version of the prosecution is that on 18.12.2001 at about 09:45 PM, Jayant Vivek (PW-4) while coming from the si