(1.) By the present appeal, Sher Mohd. @ Shera challenges the impugned judgment dated 4th January 2017 convicting him for the offence punishable under Sections 367/393/34 IPC in FIR.No. 771/2014 registered at PS Nand Nagri and the order on sentence dated 21st January 2017 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.3000/- and in default whereof to undergo simple imprisonment for a period of one month for the offence punishable under Sections 367/34 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- and in default whereof to undergo simple imprisonment for a period of one month for the offence punishable under Sections 393/34 IPC.
(2.) Learned counsel for the appellant contends that recovery of the gun is highly doubtful. As per the testimony of the complainant, appellant's associate put a gun on him and ran away. Therefore even as per the prosecution, gun was not used by the appellant. She further submits that nothing was found in the personal search of the appellant and only one mobile was recovered.
(3.) Learned APP for the State on the other hand contends that the impugned judgment and the order on sentence suffers from no illegality.