1. These appeals are directed against the judgment dated 8th March, 2006 and Order On Sentence dated 13th March, 2006, whereby all the appellants were convicted under Section 392 IPC read with Section 397 thereof and the appellant Rajesh as well as his co-accused Mohd. Nazim were also convicted under Section 25 of Arms Act. All the appellants were sentenced to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.1,000/- or to undergo RI for 6 months each in default under Section 392 read with Section 397 IPC. The appellant Rajesh was also sentenced to undergo RI for one year and to pay a fine of Rs.500/- or to undergo RI for one month in default under Section 25 of Arms Act.

2. The case of the prosecution, as disclosed in the FIR lodged by Shri Kaushal Kishore was that on 28th November, 2000, at about 10.45 P.M., he was waiting at ISBT in order to take a bus for going to railway station. One auto rickshaw bearing No. DL 1RC 5704 came up to him. One person was sitting alongwith the auto rickshaw driver whereas two persons were sitting on the rear seat of the auto rickshaw. The boys who were sitting on the rear seat invited him to join them in the auto