ORDER :

This Criminal Revision Case came to be filed on behalf of the petitioners, who are the appellants in Criminal Appeal No.206 of 2012 on the file of the Court of Additional District and Sessions Judge, Narsapur (for short, “the learned Additional Sessions Judge”), challenging the judgment therein, dated 01.02.2013, where under the learned Additional Sessions Judge dismissed the Criminal Appeal filed by the petitioners herein confirming the judgment in C.C. No.396 of 2010, dated 04.07.2012, on the file of the Court of Additional Judicial First Class Magistrate, Narsapur, East Godavari District (for short, “the trial Court”).

2. The petitioners faced trial in C.C. No.396 of 2010, as above, for the charge under Section 380 of the Indian Penal Code, 1860 (for short, “the IPC”) or under Section 411 IPC in alternative and the trial Court found them guilty of the charge under Section 380 IPC and, after questioning them about the quantum of sentence, sentenced them to suffer Rigorous Imprisonment for two years and to pay a fine of Rs.1,000/- each, in default to suffer Simple Imprisonment for 30 days each.

3. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

4. The State of A.P. represented by the Sub-Inspector of Police, Narasapur Town Police Station filed the charge sheet in Crime No.237 of 2009 under Section 380 or 411 IPC alleging in substance that LW.1-Thota Rambabu reported that two female persons came to their shop on the pretext of purchasing silver anklets. They observed many anklets nearly for one and half hour in their shop. They purchased one pair of silver anklets and committed theft of 10 pairs of silver anklets worth Rs.27,000/- from their shop. The photographs of the said persons were found in C.C. Camera, which was fixed in the shop. Basing on the said report, LW.6, the Sub-Inspector of Police, Narsapur Town Police Station, registered a case in Crime No.37 of 2009 for the aforesaid offences on 15.11.2009 and investigated into. He examined the scene of offence, prepared rough sketch and examined the witnesses. He arrested the accused on 18.11.2009 at 10:00 A.M at Palakole bus stand in the presence of the mediators. During confession, they admitted the guilt and the Police recovered 10 pairs of silver anklets from the accused. Hence, the charge sheet.

5. The learned Magistrate, took cognizance of the case under Section 380 or 411 IPC and, on appearance of the accused, documents were furnished to them as required under Section 207 of the Code of Criminal Procedure, 1972 (for short, “the Cr.P.C.”). Thereafter, the learned Magistrate framed charge under Section 380 or 411 IPC against the accused in alternative for which the accused denied the allegations, pleaded not guilty and claimed to be tried.

6. In order to establish the guilt of the accused, the prosecution examined PWs.1 to 6 and got marked Exs.P-1 to P-4 and MO.1. The trial Court, after closure of the evidence of the prosecution witnesses, examined the accused as to the incriminating circumstances in the evidence of the prosecution witnesses under Section 313 Cr.P.C. and they denied the incriminating circumstances and reported that they have no defence witnesses.

7. The learned Magistrate, on hearing both sides and on considering the oral as well as documentary evidence on record, found the accused guilty of the offence under Section 380 IPC and accordingly convicted and sentenced them as above. Felt aggrieved of the same, the unsuccessful accused in the said case preferred Criminal Appeal No.206 of 2012 before the learned Additional Sessions Judge, who, on hearing both sides and on considering the oral and documentary evidence on record, gave a finding that the prosecution was able to prove the guilt against the accused before the trial Court beyond reasonable doubt, as such dismissed the Criminal Appeal.

8. Felt aggrieved of the same, the unsuccessful appellants in Criminal A