ORDER : K. Jayachandra Reddy, J. The appellant Shanker and one Bandi along with some others were tried for the offences punishable under Sections 394 and 397 Indian Penal Code. The trial Court convicted Bandi and Shanker, the appellant before us under Section 392 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for two years. Shanker, the appellant, was further convicted under Section 411 Indian Penal Code and was sentenced to two years rigorous imprisonment. The convictions and sentences were confirmed by the High Court. Only Shanker has appealed. 2. The prosecution case is that they trespassed into the house of PW 4 and assaulted him and PW 5 and committed theft. Certain articles were recovered from the appellant. On the basis of the evidence of PW 4 and PW 5 and the recovery the above convictions and sentences were awarded. From the judgments it is clear that it was pitch dark and therefore identification becomes rather doubtful. However, in view of the recovery effected the conviction of the appellant under Section 411 Indian Penal Code cannot be disturbed. 3. Now coming to the sentence, the occurrence is said to have taken place in the year 1979 and the articles recovered are also of ordinary nature. In any event the appellant was in jail before the trial and also for some time after the conviction. In the result he is acquitted of the charge under Section 392 Indian Penal Code and the sentence of two years of rigorous imprisonment thereunder is set aside. But the conviction under Section 411 Indian Penal Code is confirmed and the sentence of imprisonment is reduced to the period already undergone. 4. Subject to the above modification the appeal is dismissed.