V.K. Ahuja, J.-This is an appeal filed by the appellant against the judgment of the court of the learned Additional Sessions Judge (Fast Track Court), Shimla, dated 28.3.2006, vide which the appellant was held guilty alongwith one Dhani Prasad and were sentenced under Sections 392/34 IPC for imprisonment of 5 years and to pay a fine of Rs.5,000/-. In default of payment of fine, they were to further suffer imprisonment for six months. They were also convicted under Sections 341/34 IPC for a period of one year. They were also convicted under Section 27 of the Arms Act for three years and to pay a fine of Rs.2,000/-. In default of payment of fine, they were to suffer further imprisonment for six months. All the sentences were to run concurrently.

2. Briefly stated the facts of the case are that on 5.10.2004, at about 2.30 during night time, a telephonic message was received at Police Station, Dhalli that three Gorkhas had gone to the house of Mohan and Chet Ram and had attacked them with Khukhri. Mohan Lal was injured with Khukhri, while they have snatched money from Chet Ram. On this report, S.I. Paul Chand PW-8 proceeded to the spot alongwith other police officials. He reco