MUKTA GUPTA, J.

1. Vide impugned judgment dated 25th August, 2014, Mehboob, Shahadut Hussain, Mohd. Abdul Qayum and Shamshad were convicted for the offence punishable under Section 395 IPC read with Section 120B IPC. Shahadut Hussain, Mohd. Abdul Qayum and Shamshad were also convicted for the offence punishable under Section 412 IPC. Vide order on sentence dated 5th September, 2014, all the appellants were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- for offence punishable under Section 395 IPC and rigorous imprisonment for period of seven years and to pay a fine of Rs.5,000/- for offence punishable under Section 120B IPC. Shahadut Hussain, Mohd. Abdul Qayum and Shamshad were also sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- for offence punishable under Section 412 IPC.

2. Learned counsel for appellant Mehboob contends that one co-accused Bashir Ahmed allegedly involved in the incident was never arrested nor tried, hence conviction of the appellant for offence punishable under Section 395 IPC i.e. dacoity is liable to be set aside. Appellant Mehboob has not