A.V. Chandrashekara, J.

1. The present revision petition is filed under Section 397, Cr.P.C. challenging the judgment of conviction and sentence passed by the JMFC, Arsikere, in C.C. 426/08 and affirmation of the same in Crl. A. 104/08 by the learned Principal Sessions Judge, Hassan, Petitioners herein were the accused in the said case registered by the respondent police for the offences punishable under Sections 457 and 380, I.P.C. Petitioners have been directed to undergo SI for a period of three years each and to pay a fine of Rs. 2,000/- vide judgment dated 5.8.2008.

2. The facts leading to the filing of the case are as follows:

(a) On 27.4.2007, it is alleged, they had lurked into the house of the first informant at Arsikere and committed theft of silver articles worth Rs. 23,000/- after breaking open the padlock of the trunk. On receipt of the first information, the SHO registered a case and sent it to the court. After visiting the spot, spot mahazar was drawn and the case was handed over to PSI for further investigation.

(b) The accused were arrested on 22.10.2007 by the City Market police relating to a case registered by them and during the course of investigation, the v