ASHUTOSH KUMAR, J.

1. All the aforesaid appeals have been taken up together for hearing and a common judgment is being delivered in all such appeals.

2. Appellants Asif Ali Khan @ Sufiyan Ali; Rahis Ahmed @ Arsh and Shamshad Ahmad have been convicted under Section 394 read with Section 397 IPC and have been sentenced to undergo RI for seven years, to pay a fine of Rs.20,000/- each and in default of payment of fine to suffer SI for a period of 90 days.

3. Appellant Shamshad Ahmed has been convicted under Section 307 of the IPC and has been sentenced to undergo SI for a period of five years, to pay a fine of Rs.7000/- and in default of payment of fine to undergo SI for a period of 45 days. He is also convicted under Section 27 of the Arms Act and has been sentenced to undergo SI for a period of three years, to pay a fine of Rs.5000/- and in default of payment of fine to undergo SI for a period of 30 days. The sentences have been ordered to run concurrently. An amount of Rs.15,000/- was also directed to be released to PW-1/victim as compensation as per the provisions under Section 357 Code of Criminal Procedure, out of the fine recovered from the appellants.

4. The appellants have been charged under Sections 394 and 397 read with Section 34 of the IPC for committing robbery on 29.06.2007 at about 8.45 pm in Seelampur of one mobile phone and Rs.5500/- from one Rahis Ahmed (PW-1) on point of knife and country made pistols and also causing hurt to PW-1 in that connection.

5. Since two of the witnesses/police officials namely HC Radhey Shyam (PW-3) and HC Surender Pal (PW-19) had also arrived at the scene of the occurrence and had been obstructed by the appellants in discharge of their public function, charges against the appellants were also framed under Section 186/353 and 34 of the IPC. All the appellants had fired at the police party and therefore they were charged under Section 307/34 of the IPC also. Out of the accused persons appellants Shamshad Ahmad and Rahis Ahmed were also charged under Section 27 of the Arms Act for being in possession of firearm weapon.

6. The case of the prosecution is that on 29.06.2007, Rahis Ahmad (complainant) was robbed of his mobile phone and Rs.5500/- by three miscreants. The occurrence is alleged to have taken place at 8.45 pm in Seelampur. While taking away the belongings of PW-1, he was also stabbed by one of the assailants on his left thigh by means of a knife. It was at that time that PWs.3 & 19 arrived at the scene and stopped the miscreants. The miscreants thereafter tried to run away and in that process, fired at the police personnels which did not hit them. Since the motorcycle of PWs.3 & 19 fell down, the miscreants ran away from the place of occurrence. On the basis of the statement given by Rahis Ahmad/complainant/PW-1, FIR No.368/2007 was registered for investigation under Sections 394/397/186/353/307 and 34 of the IPC read with Section 27 of the Arms Act.

7. The appellants were arrested in connection with another FIR No.377/2007 (P.S.Seelampur) on 05.07.2007. In the disclosure statement made by the appellants in the aforesaid case, their involvement in the present case was also discerned. There was a recovery of one country made pistol each from appellants Shamshad Ahmad and Rahis Ahmad @ Arsh and a knife was recovered from appellant Asif Ali Khan @ Sufiyan Ali. From the possession of Asif Ali Khan, a mobile phone also was recovered. The appellants were thereafter arrested in this case in Tihar jail on 10.07.2007 and were produced before the learned M.M on 11.07.2007.

8. The prosecution has examined 24 witnesses to bring home the charges against the appellants.

9. Rahis Ahmed who is the complainant of the case has been examined as PW-1 whereas the two police witnesses namely HC Radhey Shyam and HC Surinder Pal who are said to have witnessed the robbery have been examined as PWs.3 & 19 respectively.

10. Constable Pratap Singh, HC Rajkumar, Constable Rajiv and SI Ravi Shanker who are