This is a petition in revision, which I find must be accepted. The petitioners were tried and convicted under S. 447, I.P.C. and sentenced to pay a fine of Rs. 20/- each. Their petition to the Sessions Judge to refer the matter to this Court was rejected.

2. The dispute relates to a grazing ground in the village to which the parties belong. On that grazing ground grow shrubs also which are used as fuel. It is an admitted fact and was also admitted before me that this grazing ground stands on the khas land of the Government and was declared and recorded as grazing ground in the past by the order of the Government, and the villagers were also given the right to take shrubs growing on it for their personal use. The prosecution case was that on 8-1-56, the petitioners, under colour of a permit issued by the Forest Department in respect of Kainching Open Reserve, cut and removed 35 cart-loads of shrubs from this grazing ground, and assaulted the complainant and his party, when they protested.

3. The learned Magistrate found that the permit did not cover the area of this grazing ground and therefore the petitioners were guilty of criminal trespass. It appears that the case proceeded