( 1 ). By this Revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (code for short hereinafter) petitioners have challenged the conviction and sentence order passed by the learned j. M. F. C. , Visnagar in Criminal Case No. 1754 of 1986 which was confirmed in Criminal Appeal No. 13 of 1988 by the learned Sessions Judge, at Mehsana. 1. 1. A conspectus of the material facts giving birth to the present revision may be, shortly, stated at this stage so as to appreciate the merits of the present revision and challenge against it.

( 2 ). The petitioners herein are the original accused Nos. 1 and 3 respectively in Criminal Case No. 1754 of 1986. The petitioners and one Kachraji Anopji thakore were tried for the offences punishable under Secs. 457, 380 and 114 of the I. P. Code. According to the prosecution case one P. S. I. Parmar of Visnagar Police Station in course of investigation into the offence of housebreaking, suspected the petitioners to have committed some of the offences of house-breaking. Therefore they were interogated- It is alleged that accused persons had voluntarily discovered some places from where they have committed house-breakin