( 1 ) THIS is a revision petition by the accused persons against the judgment of the Sessions judge, Guna, dated 20-1-88 passed in Criminal. Appeal No. 65 of 1987 , confirming the judgment of the sessions judge Guna dated 20-1-88 passed in criminal appeal no 65 of 1987. confirming the judgment of the chief judicial Magistrate, Guna, dated 23-7-1987 passed in Criminal Case No. 1375 of 1984 whereby the property which was the subject matter of the alleged theft, has been ordered to be delivered to the complainant-respondent No. 2 Samundersingh.

( 2 ) THE facts giving rise to this revision petition briefly stated are as follow:-ON a first information report lodge by the complainant on 15-5-85 at P. S. Fatehgarh alleging theft committed in his house, in the night between 12th and 13/05/1985, in which two items of gold ornaments, a few items of silver ornaments and cash amount of Rs. 20,000/- approximately were removed by the offenders, the police registered crime No. 49/84 and the investigating officer arrested two accused persons Jaswantsingh and Kamarlal, who are the petitioners in this petition.

( 3 ) ACCORDING to the prosecution, the police recovered the ornaments and