1. A limited rule was issued by this Court in this case on the question of sentence only. While dealing with this aspect of the matter, the entire evidence has been placed before me. Both the petitioners have been found guilty of an offence under sec. 457, Indian Penal Code, and sentenced to undergo rigorous imprisonment for six months each. They were also found guilty under sec. 380, Indian Penal Code, and sentenced to undergo rigorous imprisonment for six months each. For the offence under Sec. 457, Indian Penal Code, each of them has further been fined a sum of Rs. 200, or in default, to suffer rigorous imprisonment for one month. The petitioners were, first, tried by the Munsif-Magistrate of Arrah, who passed the above mentioned order of conviction. Then there was an appeal and the learned second Assistant Sessions Judge of Arrah has upheld that order.

2. The facts of the case leading to the present revision may be summarised as under. In the night intervening between the 23rd and the 24th day of September, 1965, Manna Bind (P. W. 1), who is the informant in this case, was sleeping in his house with his wife Rupa (P. W. 2). This house is situated within the town of Arra