1. -This is an appeal filed by Bacchan Singh against the judgment of the Sessions Judge, Sri Ganganagar, convicting him under sections 458 and 392 read with section 397, I.P.C. and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for two months on the first count and on the second to undergo rigorous imprisonment for seven years. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.

2. The incident that led to the prosecution of the appellant and two other co-accused, namely, Magha Singh and Om Prakash, who have been acquitted by the trial Judge, may be briefly stated as follows:-

3. On October 11,1974, Gauri Shanker lodged a verbal report of an incident of robbery with the police station Sadar Ganganagar. It was alleged by the informant that he was sleeping as usual on a cot in his room after taking his food at 8 00 p.m. His wife also was sleeping in front of the door of the room on a cot. The door of the room was opened and there was light of a lantern in the room. At about 1.30 a.m. Gauri Shanker woke up on account of a