JUDGMENT :

1. This Criminal Appeal has been preferred against the judgment of conviction and the order of sentence dated 29.07.2011 passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 180 of 2002 arising out of Bengabad P.S. Case No.31 of 2001, G.R. No.517 of 2001, whereby the learned trial Court has convicted the appellant under Section 395 of the Indian Penal Code and sentenced to undergo RI for seven years with a fine of Rs.2000/-. In default of payment of fine, the appellant was further directed to undergo RI for one month.

2. The brief facts leading to this Criminal Appeal as per the prosecution case is that on 24.03.2001 at about 02:00 am two persons intruded in the veranda, where the informant Kedar Singh was sleeping and they asked him to open the door. The wife of Kedar Singh, namely, Dropadi Devi was sleeping in the room and after hearing the noise, she came and opened the door. Thereafter, 3-4 persons intruded in the house. One miscreant showed the weapon and told the informant to sit in veranda and two persons started assaulting the wife of the informant and also abused her. When the wife of the informant wanted to raise alarm, the miscreant