A. S. TRIPATHI, J.

( 1 ) THIS revision has been preferred against the judgment and order dated 21st September, 1988 passed by JInd Additional Sessions Judge of Morena, whereby the appeal of the petitioners was dismissed maintaining their conviction u/sections 457 and 380 IPC and their sentence of two years R. I. each on both counts. The two sentences were directed to run consecutively.

( 2 ) THE facts of the case are that a theft had occurred in the night between 617th of May, 1976 in the house of one Bhawar Singh, PW 1. The ladies of the house were sleeping on the roof. It was known in the morning that a theft had taken place in the house. A report was lodged. The matter was investigated. On 27th May, 1976, one of the accused namely Bedaria was arrested from whose possession, one Mouser gun and other articles were recovered and recovery memos Exs. P. 13 and P. 14 were proved on record. Similarly, on 16th June, 1976, other co-accused Raghunath (since dead) was arrested and some articles like ornaments, cash etc. were recovered from his possession vide recovery memos Exs. P. 9, P. io and P. 11 which were proved on record. On 11th of July, 1976 accused/petitioner Kailashi was also ar

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