Judgment

HIDAYATULLAH, J. :

The two appellants who have filed this appeal by special leave have been convicted under S. 379, Indian Penal Code and sentenced to a fine of, Rs, l00/- each or in default of fine to suffer simple imprisonment for one month by the High Court of Calcutta after reversing their acquittal by the Additional Sessions Judge, Burdwan. Originally five named and sixteen un-named persons were charged under Ss. 147,447,379 and 504/352, Indian Penal Code but the Magistrate lst Class Katwa convicted the two appellants under S.379, Indian Penal Code only. The charge under S. 379, Indian Penal Code against them was that on 13th and or 14th day of January 1958, they committed theft of fish by fishing in a tank called Nutan pukur in Kutalghosh mouza P. S. Mongolkote which was in the possession of the complainant Abanidhar Roy, the Respondent before us. Nutan pukur is a tank which with its banks and wet and dry portions measures about 7.21acres. The water covers about 3/4 of the area. In the Parcha of Mouza Kotalghosh, the two appellants with three others are shown as tenants with their interest described as "settled raiyot Mukurari" and the sixteen annas superior interests