Judgment :

1. Instant revision petition has been filed by the petitioners challenging the judgment dated 06.10.2005 passed in Cr. Appeal No.23/2005 by learned Additional Sessions Judge-cum-Special Magistrate, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh (hereinafter referred to as ‘the appellate court’) by which the appellate court while dismissing the petitioners’ appeal, upheld the judgment dated 25.05.2005 passed in Criminal Case No.431/2005 by learned Civil Judge (Jr. Division) & Judicial Magistrate, Pratapgarh (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted the present petitioners for offence punishable under Section 380 IPC and sentenced them to undergo one year’s S.I. and imposed a fine of Rs.500/- each, in default of payment of fine to undergo one month’s S.I.

2. Brief facts of the case are that on 04.12.2004, complainant Kachru submitted a written report alleging that he and his family members were sleeping at his home and eleven sacks containing soyabean were kept there. At about 5 AM, he woke up after hearing sound of footsteps and saw present petitioners fled away on bicycle after stealing three sacks of soyabean. On thi