( 1 ) THIS Rule is directed against the conviction of the petitioner under Section 325, Penal Code, and a sentence of two years' rigorous imprisonment passed on him at a trial held by Sri P. N. Lahiry, Assistant Sessions Judge, Alipore, with the aid of a common jury. An appeal to the Sessions Judge was dismissed.

( 2 ) THE incident which led to the prosecution in this case was a quarrel between to brothers. The petitioner, Dhirendra Nath Bera and one Fakir Bera are brothers, living separately in contiguous villages. Each village has, however, an ancestral homestead. There is a homestead in village Bechuabati, in one half of which the petitioner has his residence while the other half is possessed by Fakir Bera who grows vegetables on it. Similarly, there is a homestead in village Alamnagar, in one half of which Fakir Bera has his residence while the other half is possessed by the petitioner. The petitioner has a son named Prafulla and Fakir Bera had two sons, named Pran Krishna and Siba Prasad. It is alleged that on the 4th August, 1950, Siba Prasad reported to his father that he had detected the petitioner arranging some 'pan' leaves which he had obviously pilfer