Judgment

RAGHUBAR DAYAL, J. : This appeal, by special leave, raised the question whether a person who seizes cattle illegally, purporting to act under S. 10 of the Cattle Trespass Act, 1871, hereinafter called the Act commits the offence of theft or robbery or not. The question arises in this way.

2. On the morning of November 28, 1957 a number of cattle belonging to several persons, including Shamnarain Singh, were observed by a number of persons, including Ramnandan Singh and Ram Ratan alias Ratan Ahir, grazing in a kurthi field about which there was a dispute between the authorities of the Basic School and Shamnarain Singh each of them claiming the field. Ramnandan Singh and others seized those cattle and proceeded to take them to the pound at village Tilauthu. These persons were armed with sharpedged weapons and lathis.

3. The report of the seizure of the cattle reached Shamnarain Singh and other people in the village. A number of people, variously armed, started from the village to rescue the cattle. They were joined by others on the way. This party, including Sukhari Mahto, Deocharan, Sheodutt, Hari Mahto and Ramdeo, caught up with the other party a short distance from the cat