JUDGMENT

P.K. Jain, J. - Criminal Revision No. 236 of 1996 and Criminal Revision No. 253 of 1996 are directed against the judgment dated 27.3.1996 passed by the Additional Sessions Judge, Chandigarh whereby the conviction of the petitioners for an offence under Section 382 Indian Penal Code recorded by the Judicial Magistrate, Chandigarh vide judgment date 21.1.1994 has been confirmed, although sentence has been reduced and each of the three petitioners has been ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- which fine stands already deposited.

2. The necessary facts for the disposal of these revision petitions are that the complainant Suresh Kumar along with his wife Smt. Kanta and children has been residing in House No. 2456, Sector 40-C, Chandigarh. On the night intervening 5/6th of May, 1990. he allong with his wife and children was sleeping in his house. His two servants were sleeping in the rear court-yard of the house. At about midnight one of his servants knocked at the gate to take drinking water. When Smt. Kanta opened the door, three Sikh young boys entered the house. They were of the age group of 18 to 20 years and their height was a