Judgment

( 1 ) SPECIAL leave granted.

( 2 ) WE have heard counsel for the appellant and counsel for the respondent State of Punjab.

( 3 ) WE had issued notice to the appellant to show cause why his sentence should not be enhanced.

( 4 ) IN the occurrence that took place at about 2. 00 a. m. on the night intervening 19-3-1993 and 20-3-1993, the appellant along with one other policeman in police uniform with firearms entered the house of the complainant with a view to commit the offence of robbery.

( 5 ) THE appellant was found guilty of the offence punishable under sections 458 and 393 IPC and was sentenced to undergo rigorous imprisonment for 4 years under both the counts, apart from the fine of rs 1000 imposed by the trial court. When the matter came up in appeal, the high Court found no reason to interfere with the findings of fact recorded by the trial court. It noticed that it was proved that the appellant and his companion had made an attempt to commit robbery and in that process committed the offence of house trespass as well. In view of the fact that the police party promptly arrived at the spot, they could not commit any other offence. The High Court did not find this to be