JUDGMENT :

Heard learned counsel for the parties.

2. Both these criminal revision applications arise out of common judgment as such both the cases are heard together and decided by this common order.

3. Mr. Jitendra Tripathi, learned counsel for the petitioner submits that so far as Petitioner No.3 of Criminal Revision No. 235 of 2004 is concerned, he has died on 06.10.2015, as such he will not be pressing the case on his behalf.

4. In view of the aforesaid submission, Criminal Revision No. 235 of 2004 stands dismissed as abated against the Petitioner No.3 –Nepan Keot.

5. These criminal revision applications are directed against judgment dated 31.01.2004 passed by learned 5th Additional District & Sessions Judge, Dumka in Criminal Appeal No. 77/2003, dismissing the appeal and upholding the judgment of conviction and order of sentence dated 20.08.2003 passed by the learned Judicial Magistrate, Ist Class, Dumka in G.R. Case No. 82/2000 corresponding to T.R. No. 177 of 2003, whereby the petitioners have been convicted and sentenced to undergo rigorous imprisonment for one year under Section 379 I.P.C.

6. The prosecution case in brief is that on 17.01.2000 and on 23.01.2000 petitioners, arme