Deo Narayan Thanvi, J. - (1.) This revision petition has been listed today on the application of petitioner Bheriya under Section 482 Criminal Procedure Code for suspension of sentence. However, at the consent of learned counsel for the parties, the revision petition itself was being heard finally and disposed of at this stage.
(2.) This revision petition was filed against the judgment of learned Additional Sessions Judge No. 1, Udaipur dated 6.10.2006 in Criminal Appeal No. 27/2006, by which while partly allowing the appeal, affirmed the conviction recorded against the petitioners by the Additional Chief Judicial Magistrate, Kanore, District Udaipur in regular Criminal Case No. 31/2005 and were sentenced as under: Under Section 457 Indian Penal Code. : R.I. for 2 years and a fine of Rs. 500/- and in default of payment of fine, to further undergo S.I. for two months. Under Section 380 Indian Penal Code. : R.I. for 2 years and a fine of Rs. 500/- and in default of payment of fine, to further undergo S.I. for two months.
(3.) The charge against the accused-petitioners was that they committed lurking house trespass in the house of Ambalal and committed theft of silver ornaments. The report of the incident was lodged on 7.10.2002 by Smt. Kala (PW-5). Upon this report, a case was registered by the police and the accused-petitioners were arrested and on their information, the said theft articles were recovered and a charge-sheet was filed against them. The prosecution examined 10 witnesses and statements of the accused-petitioners were also recorded under Section 313 Criminal Procedure Code and they were convicted and sentenced as above.;