Honble YAMIN, J.–Both these revision petitions have been heard together and will be decided together by this order as both the accused petitioners jointly faced trial and were convicted for offence under Section 394 IPC by learned Additional Chief Judicial Magistrate No.4, Jodhpur by his judgment dated 20.3.1991 and each one of them was sentenced to four years rigorous imprisonment with a fine of Rs. 500/-and in default to undergo six months rigorous imprisonment. Both of them preferred joint appeal before learned Sessions Judge, Jodhpur which was decided by learned Additional Sessions Judge No.1, Jodhpur on 31.8.1991 who reduced the sentence of four years to three years under Section 394 IPC but maintained the sentence of fine.

(2). I have heard the learned counsel for both the petitioners in two different revisions as well as learned Public Prosecutor at length.

(3). Relevant facts are that at about 11.00 P.M. on 27.3.1983 Smt. Dhapi was passing through the `B Road in Sardarpura, Jodhpur in order to go to her house. When she reached infront of Shiv Mandir near Gandi Maidan two persons came on a cycle from her back side. Both of them caught hold of her and fell down. She was wearing

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