Goverdhan Bardhar, J. - (1.) This criminal revision petition has been filed under Section 397/401 Cr.P.C. against the judgment and order dated 10.11.2014, passed by the learned Additional Sessions Judge, Shahpura, District Bhilwara (hereinafter the appellate court ) in Criminal Appeal No.25/2010 whereby the learned appellate Court dismissed the appeal filed by the accused-petitioners and upheld the conviction and sentence of the accused-petitioners recorded by the learned Judicial Magistrate, First Class, Jahajpur, Bhilwara (hereinafter the trial court ) vide judgment and order dated 20.11.2010 passed in Criminal Case No.409/2000. By the said judgment, the learned trial Court convicted the accused petitioners for offences under Sections 457, 380 IPC and awarded each of them sentence of three years' rigorous imprisonment under each offences with fine of Rs. 1,000/- on each count and in default of payment of fine ordered to further undergo three months additional imprisonment each.
(2.) As per the case set up by the prosecution, on 06.05.2000 the complainant Dwarka Prasad (PW-1) lodged a written report at Police Station Jahajpur to the effect that on 05.05.2000 in the night he went to sleep as usual after locking the doors of his house. In the morning at about 4:30 am when his wife woke up, she found that theft had taken place in the house and articles including gold and silver ornaments and cash etc. were taken away.
(3.) On the basis of the said report, the Police registered FIR No.152/2000 for offences under Sections 457 and 380 IPC. After investigation, the police filed challan against the accused-petitioners for offences under Sections 457, 380/34 IPC and against accused Prahlad for offence under Section 411 IPC. Thereafter the trial court took cognizance against the accused-petitioners for the aforesaid offences.;