GURPAL SINGH AHLUWALIA, J.

1. This judgment shall dispose of Criminal Appeal No. 88/2012 filed by appellant-Tilak Singh, Criminal Appeal No. 91/2012 filed by appellant-Dhruvpratap Singh alias Sonu and Criminal Appeal No. 248/2012 filed by appellant-Ashish alias Ashu. These Criminal Appeals under Section 374 of Cr.P.C. have been filed against the judgment dated 30/12/2011 passed by the Special Judge (MPDVPK, Act) Datia in Special Sessions Trial No. 31/2010 by which the appellants Ashish and Tilak Singh have been convicted under Section 394 read with Section 397 of IPC and under Section 13 of the MPDVPK, Act and Section 25(1)(1-B)(A) and 27 of the Arms Act and the appellant-Dhruvpratap Singh alias Sony has been convicted under Section 394 read with Section 13 of the MPDVPK, Act. The appellants Ashish and Tilak Singh have been sentenced to undergo rigorous imprisonment of 10 years for offence under Section 394 read with Section 397 of IPC and fine of Rs. 5,000/- each with default imprisonment, Rigorous imprisonment of 2 years for offence under Section 25(1)(1-B)(A) of the Arms Act and fine of Rs. 1,000/- each with default imprisonment and rigorous imprisonment of 3 years and fine of Rs. 1,000/- with default imprisonment for offence under Section 27 of the Arms Act and the appellant-Dhruvpratap Singh has been sentenced to undergo rigorous imprisonment of 10 years for offence under Section 394 of IPC and fine of Rs. 5,000/- with default imprisonment.

2. The necessary facts for the disposal of the present appeals in short are that the Dehatinalishi was lodged by the complainant Ramsevak on 29/3/2010 at about 19:30 hours on the allegation that he is the resident of Bundela Colony, Datia and is working as an Accountant in the shop of Lakhkha Seth. Today he alongwith Balvan Yadav had withdrawn Rs. 6,00,000/- from the State Bank of Indore Branch Datia and was going towards Krishi Mandi. Balvan was driving the motorcycle and he was sitting behind him and had money with him. The moment they reached near Bhairo Mandir, one motorcycle of red colour on which three miscreants were riding came from behind and fired on him, as a result of which, he sustained injury on his left shoulder and fell down from the motorcycle and ran towards the shop of cold drinks situated in front of Bhairo Mandir and again one gunshot was fired by the miscreants and they snatched the bag containing money and thereafter all the miscreants escaped on the motorcycle. He was taken to the hospital and he can identify the accused persons. On this Dehalitnalishi, which was lodged in the District Hospital, Datia, the police registered the FIR. The accused persons were arrested. They were put for test identification parade and they were identified by the complainant. The money and the bag were seized. The bag was identified by the complainant. The police after completing the investigation, filed the charge-sheet for offence under Sections 394, 397 and 120-B of IPC.

3. The trial court by order dated 20/8/2010 framed charges under Section 394 of IPC read with Section 13 of the MPDVPK, Act, under Section 397 of IPC read with Section 13 of the MPDVPK, Act and under Section 25/27 of the Arms Act.

4. The appellants abjured their guilt and pleaded not guilty.

5. The trial court by judgment dated 30/12/2011 passed in Special Sessions Trial No. 31/2010 convicted the appellants for the offence mentioned above and acquitted the accused No. 4-Omnarayan of all the charges. As the acquittal of Omnarayan has not been challenged by the State Government, therefore, the case shall be considered only in respect of the present appellants.

6. It is submitted by the counsel for the appellants that the test identification parade was conducted by the police belatedly and there is no evidence available on record that the complainant had no opportunity to see the appellants after the incident and prior to holding the test identification parade. No explanation for delay in holding the test identi