1 S.B. CRIMINAL REVISION PETITION NO.645/2008 Omni @ Om Prakash & Anr. Vs. State of Rajasthan Date of Order :: 25-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. M.K. Garg, for the petitioner. Mr. L.R. Upadhyay, PP. Heard learned counsel for the parties. This is a revision against the judgment of the learned Additional Sessions Judge No.2, Sri Ganganagar whereby he modified the sentence of the accused-petitioners from Section 457 to 454 IPC and sentenced them to two years rigorous imprisonment and to pay fine of Rs.1,000/-,and in default, to undergo one month simple imprisonment. They were also convicted under Section 380 IPC and were sentenced to two years imprisonment and to pay fine of Rs.1,000/-, and in default, to undergo one month imprisonment. Charges against the accused petitioners were that fifteen days prior to 18.1.2002, they entered into the godown of Mahendra Bajaj,known as Aneja Salvex Pvt. Ltd. in the night and took four bags of Sarso and thereby committed theft. Learned counsel for the petitioners does not want to challenge the 2 conviction of the accused-petitioners but submits that two bags each of Sarso were recovered from the possession of the accused. As it is eatable item , therefore, a lenient view may be taken. Consequently, this revision petition is allowed in part. While maintaining the conviction of the accused petitioners under Section under Section 454 and 380 IPC, they are sentenced to the period already undergone. However, sentence of fine is maintained. Accused-petitioners be released forthwith,if not required in any other case, on depositing fine. Else, they will undergo the sentence in default of payment of fine. [DEO NARAYAN THANVI],J. Praveen