Honble YAMIN, J.–The present revision petition has been preferred by the accused petitioners because they were convicted under Sec. 448 IPC by the learned Munsif & Judicial Magistrate, Mandal on 10.9.92. They were given benefit under Sec. 360 of the Criminal Procedure Code. They were also ordered to pay cost of litigation amounting to Rs. 250/-. They preferred appeal which was dismissed by the learned Addl. Sessions Judge No.2, Bhilwara on 4.5.98.

(2). I have heard learned counsel for the petitioners as well as learned Public Prosecutor for the State.

(3). The facts in brief are that one Nand Lal reported to P.S. Mandal on 27.6.84 that his house was situated in Lakhara Mohalla, village Mandal. On 17.6.84 his nei- ghbour Ladu Lal informed him that some demolition was being done in the house by the accused petitioners. The complainant went to his house and found that petitioners trespassed over his property, demolished a wall and opened a gate. They had also started plastering a room. It was also alleged that they had committed a theft of some articles lying in the room. The complainant suffered a loss of Rs. 500/-. The Police registered a case and after completion of investigation, su

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