Pradeep Nandrajog, J.

1. Sanjay @ Kala, Suraj Prakash @ Chikka and Rakesh; the latter two being the appellants because vide impugned judgment dated January 08, 2014 Suraj Prakash has been convicted for the offence punishable under Section 323 IPC and for which vide order on sentence dated January 16, 2015 he has been sentenced to undergo RI for one year and Rakesh has been convicted for the offence punishable under Section 307 IPC as also Section 25/27 of the Arms Act and vide order on sentence of even date has been sentenced to undergo RI for 4 years and pay fine in sum of Rs.2,000/-, in default to undergo SI for 15 days for the former offence and RI for a period of 3 years and pay fine in sum of Rs.2,000/-, in default to undergo SI for 15 days for the latter offence. The sentences have been directed to run concurrently and benefit of Section 428 Cr.P.C. has been extended. It is obvious that Sanjay @ Kala has been acquitted and the reason is neither the victim Sunil Sherawat who appeared as PW-9 nor the two eye witnesses Dharmender Dabas PW-11 and Amit Kumar PW-13 i