This is a revision petition against the order of the Assistant Sessions Judge in Criminal Appeal No. 52/1/1959 by which he confirmed the conviction under Sec. 379 I. P. C. of the petitioner and the sentence of a fine of Rs. 80/- passed by the S. D. C., Churachandpur in Criminal Case No. 14-C of 1959. The first respondent herein filed a complaint on 17-11-58 against the petitioner stating that the complainant had a land known as Nalon land which was granted for settlement in his favour by an order dated 17-3-56 passed by the S. D. C., Churachandpur in Miscellaneous Case No. 208-C of 1955-56, that he had cut ekra grass from the said field and kept it in the sun for drying, and that on 10-11-58 at about 8-00 a.m. the petitioner without the consent and knowledge of the complainant took away 70 Ipots of grass worth about Rs. 105/-.

It was a warrant case and the first respondent examined himself and 2 witnesses in support of his case to show that the grass was cut by him and kept on the land and that the petitioner along with some 15 others removed the said grass from the field on the morning of 10-11-58 and stored it in his house. In support of his case, the petitioner also produ