Judgment

MISRA, J. :- The present appeal by special leave is directed against the judgment of the High Court of Patna dated 8th November, 1974 whereby the appeal of the appellants was allowed in part and their conviction under Section 395, I. P. C. was set aside, and instead the appellants were convicted under Section 394 I. P. C. and sentenced to rigorous imprisonment for four years.

2. The appellants along with three others were committed to the Court of Session to stand their trial for an alleged offence under Section 395, I. P. C. in connection with a robbery committed in the house of Harihar Prasad Singh, P. W. 2. At the relevant time Harihar Prasad Singh was posted as an Assistant Sub-Inspector of Police at Udwantnagar Police Station in the district of Arrah. He had his residential quarters in the compound of the police station, Udwantnagar. On the night of 2nd and 3rd May, 1968 he was sleeping in the outer room of his quarters. His wife and younger son, Ashok Kumar were sleeping on a chauki in the courtyard, At about 2 a.m. in the night Harihar Prasad Singh woke up on hearing an alarm raised by his wife of thief-thief. He went inside the courtyard and found a person opening th