( 1 ) THIS a revision petition filet by the three petitioners who were the original accused Nos. 1 2 and 3 respectively in a Criminal Case Nor 686 of 1966 in the Court of Judicial Magistrate First Class Rajkot. The accused Nos. 1 and 3 were convicted of an offence punishable under sec. 377 of the Indian Penal Code and the accused No. 2 i. e. the petitioner No. 2 was convicted for attempting to commit that offence by the learned Judicial Magistrate First Class Rajkot Shri Rajni M. S. Patel.

( 2 ) THE petitioner No. 1 was sentenced to suffer 1 1/2 years rigorous imprisonment and to pay a fine of Rs. 500/and in default of payment of fine to suffer 6 months simple imprisonment The petitioner No. 3 was sentenced to suffer one years rigorous imprisonment and to pay a fine of Rs. 400/and in default of payment of fine to suffer 4 months simple imprisonment. The petitioner No. 2 is sentenced to suffer 9 months rigorous imprisonment and to pay a fine of Rs. 200/and in default of payment of fine of suffer 3 months simple imprisonment. Being dissatisfied with that order of conviction and sentence the three petitioners had filed a Criminal Appeal No. 5 of 1967 in the Court of Ses