This revision has been filed by the petitioners Badri and Bhura against their convictions under sections 380 and 454 of the I.P.C. and sentences of six months R.J. and fine of Rs. 250/- each on each count (in default 2 months imprisonment on each count), passed by the learned Second Additional Sessions Judge, Chhatarpur in Criminal Appeal No. 109/88 vide judgment dated 25.5.90.

The petitioners were tried on the charges under sections 457 and 380 of the IPC on the allegation that in the night of 9.8.83, they committed house tresspass by night in the house of complainant Midua in village Dhava, police station Chandla, District Chhatarpur and committed theft of silver ornaments belonging to the complainant. During the course of investigation, the petitioners were arrested on 21.8.83 and the stolen property was recovered on their information from their houses.

The trial Court on the basis of the recovery, of the stolen property on the information of the petitioners, held the petitioners guilty for the offences under sections 457 and 380 of the IPC and sentenced them to one year R.T. and fine of Rs. 250/- each on each count in Criminal Original Case vide judgment dt