K. SREEDHAR RAO, J.

( 1 ) THE appeal arise out of the judgment of conviction and sentence passed in SC 127/92 on the file of Sessions Judge, mangalore. The appellant is Accused No. 1, along with another charge- sheeted for committing offences punishable u/ss. 450, 394 and 397. I. P. C. r/w. Sec. 34,i. P. C.

( 2 ) IT is unfortunate to note that in the charge framed, without invoking the provisions of Sec. 34 of I. P. C. joint trial is held, however in the final report, the provision of sec. 34, I. P. C. is invoked. The case of the prosecution discloses that appellant is accused No. 1. In the house belonging to complainant examined as P. W. 2, there was a garage which was used by P. W. 5 for parking his car and was also training few boys in Refrigerator mechanism. Accused 1 was one such trainee under P. W. 5 visiting the house P. W. 2. On 3-12-1991 around 4-15 p. m. P. W. 2 was in her house. The Accused no. 1 along with Accused No. 2 come to the house of P. W. 2; rang the calling bell, gained entry into the house of P. W. 2 saying that accused No. 2 is interested in purchasing the old refrigerator of P. W. 2 which was offered for sale. After gaining entry, the accused requests P. W. 2

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