ORDER :

Since similar allegations are made in all these three petitions, except the place and date of occurrence of the offence, they are taken up together and disposed off by this common order.

2. Heard learned High Court Government Pleader and perused the records.

3. The respondents herein are accused in CC No.1154/2014, CC No.1168/2014 and CC No.1158/2014 on the file of the Senior Civil Judge and JMFC, Hunsur for the offence under Sections 457, 380 and 411 read with 34 of IPC.

4. The brief facts of the prosecution case in CC No.1154/2014 before the trial Court is that, on 17.09.2010, during the night hours, accused Nos.1 to 4, with a common intention, committed lurking house trespass by breaking open the lock of the Government Schools of Channasoge village in Hunsur Taluk and committed theft of two gas cylinders and 20 packets of Palm Jyothi Oil and sold it to accused No.5, who knowing fully-well that the property was a stolen property, purchased the same from the accused Nos.1 to 4 and thereby committed the alleged offences. On receipt of the complaint, a case came to be registered against the accused for the aforesaid offences and after completion of the investigation, charge sheet was filed against the accused persons. The accused pleaded not guilty and claimed to be tried. During trial, the accused filed an application claiming that they want to plead guilty, but the learned Assistant Public Prosecutor opposed the same on the ground that charges were already framed and at the time of framing of charges, the accused have pleaded not guilty. The learned Senior Civil Judge and JMFC, Hunsur, by order dated 02.12.2014, convicted the accused for the offences under Sections 457, 380 and 411 read with 34 of IPC and sentenced accused Nos.1 to 4 to imprisonment for a period of 7 months and to pay fine of Rs.100/-each for the offence under Section 457 of IPC and further sentenced them to imprisonment for a period of 6 months and to pay fine of Rs.100/-for the offence under Section 380 of IPC. Accused No.5 was convicted for the offence under Section 411 of IPC and was sentenced to 6 months imprisonment and to pay fine of Rs.100/-, in default, to undergo simple imprisonment for 10 days and all the accused persons were given set off and were directed to pay fine of Rs.100/-each for the offence under Section 457, 380, 411 read with 34 of IPC.

Being aggrieved by the inadequate sentence, the State preferred Crl.A.No.56/2015 before the VIII Additional District & Sessions Judge at Mysuru, sitting at Hunsur, and the learned Sessions Judge by judgment dated 07.09.2017 dismissed the said appeal confirming the order of conviction and sentence passed by the Trial Court. Being aggrieved by the aforesaid judgment of conviction and sentence passed by the Courts below, the State has preferred CrL.RP.No.402/2018.

5. As regards the facts of the prosecution case in CC No.1168/2014 is concerned, that on 07.08.2010, during the night hours, accused Nos.1 to 4 with a common intention, committed lurking house trespass by breaking open the lock of Government School at Milamburu village and committed theft of two gas cylinders and thereby, the accused committed offences punishable under Sections 457 and 380 read with 34 of IPC. On receipt of the complaint, a case came to be registered against the accused for the aforesaid offences and after completion of the investigation, charge sheet was filed against the accused persons. The accused pleaded not guilty and claimed to be tried. During trial, the accused filed an application claiming that they want to plead guilty, but the learned Additional Public Prosecutor opposed the same on the ground that charges were already framed and at the time of framing of charges, the accused have pleaded not guilty. The learned Senior Civil Judge and JMFC, Hunsur, by order dated 02.12.2014, convicted accused No.1 to 4 for the offence under Section 457, 380 read with 34 of IPC and sentenced to imprisonment for a period of 7 months an