INDERMEET KAUR, J.

1. These appeals filed by appellants Jaswant @ Kale and Jainul Umar have assailed the judgment and order on sentence dated 28.02.2013 and 08.3.2013 respectively wherein the appellants stood convicted under Sections 392/34 of the IPC read with Section 397 of the IPC. Each of them have been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5000/-and in default of payment of fine to undergo SI for a period of 6 months.

2. Nominal roll of the appellants have been requisitioned. The nominal roll of Jaswant as on date reflects that he has undergone incarceration of almost 5years and 3 months which includes remissions earned by him. So also the nominal roll of Jainul Umar reflects that he has also undergone incarceration of the same period. Their jail conducts are satisfactory.

3. The version of the prosecution was unfolded in the testimony of the complainant Madhusudan (PW-1) who has stated that on 02.6.2011 at about 9.00 – 9.15 p.m. while he was about to close his shop at Gandhi Nagar three boys aged 25-30 years entered the shop. The shutter of the shop was almost closed. Two of these boys were carrying guns and the third boy was carry