Judgement

JAGANNADHADAS J. : This is an appeal by leave granted by the High Court of Allhahabad presumably under Art. l34(1) (c) of the Constitution.

2. The facts are simple. Three persons including the appellant were, at the material time, parcel, porters at the railway station Manikpur in the district Banda of Uttar Pradesh. On the night of 18-6-1952, they were found by two watchmen of the Watch and Ward staff attached to the railway station, committing theft of certain packets of biscuits by breaking open a railway parcel containing those packets, which as parcel porters, they had occasion to handle. First information of the same was lodged, before the Sub-Inspector, Railway Police, by one Ram Prasad, Head Watchman:

The Railway Police filed the charge-sheet under S. 379. Penal Code on 20-6-1952. The case was taken cognizance of by the Railway Magistrate, Manikpur. All the three accused pleaded guilty. They were convicted by the Magistrate on 15-7-1952, and sentenced to a fine of Rs. 25 each. Against this conviction the present appellant filed a revision to the Sessions Judge of Banda. It is necessary at this stage to mention that under the U. P. Panchayat Raj Act, 1947, the Panchay