Short Note : 1. Appellant was convicted under sections 457 and 460 IPC and sentenced to rigorous imprisonment for two years on each count. Held: This Court has perused the record of the lower Court and also the memo of appeal. The counsel for the state was also heard. On due consideration this Court finds that there is consistent and reliable evidence of Premchand (PW 3) regarding the house breaking in the night and as to how he happened to get up in the night and tried to apprehend the appellant In that he was assaulted by the companions of the appellant. The fact of the house breaking is further testified by the witnesses Bhojraj (PW 2) and Kishanlal (PW 4). They have corroborated one another, on material particulars as mentioned in the first information report which further corroborates the oral evidence. The fact that on the spot certain incriminating articles like match-box, torch etc were found, further corroborates the prosecution story. The appellant was apprehended red handed on the spot. It is a circumstance which rules out any doubt about the identity of the appellant as one of the miscreants who committed the offence of house breaking punishable under section 457 IPC. The fact that in the incident Premchand (PW 3) received severe injuries. makes out an offence under section 460 IPC against the appellant. Appeal dismissed.