M. A. A. KHAN, J.

( 1 ) THIS appeal under Section 374, Cr. P. C. is directed against the judgment and order dated 25-3-1998 whereby the learned Addi. Sessions Judge, Rajgarh (Distt. Alwar) held the appellant Sugreev Singh guilty of the offence under Section 395, IPC, convicted him thereunder and sentenced him to Rigorous Imprisonment for 5 years and also to pay fine of Rs. 1,000/- or in case of default of making payment of fine further undergo S. I. for six months.

( 2 ) THE relevant facts are that during the intervening night of 18-19 February, 1996 PW/1 Smt. Vimla Devi, her husband PW /2 Pooran Mal and other members of their family were sleeping in their residential house situated at Khedli District Alwar. It is alleged that the present appellant alongwith four others jumped into the said house and whereas four of the miscreants entered into a room wherein the aforesaid prosecution witnesses were sleeping, one of them remained standing in the Chauk of the house. The miscreants started looting the property of the prosecution witnesses after putting them in fear of incident death or causing grievous hurt to them. In the process of looting they are stated to have caused so