This is a revision application directed against the order of Sessions Judge, Jammu, dismissing the appeal of Kor Singh accused who was convicted under section 447, R. P. C. by Munsiff Magistrate, Samba and sentenced to three months rigorous imprisonment with a fine of Rs. 50 or in default to undergo one weeks further rigorous imprisonment.

The prosecution case, briefly stated, is as follows:

Kor Singh accused is the landlord and Lehnu is tenant who was in possession of about ten kanals of land situated in village Sarain Tehsil Samba. On the 11th of November, 1963 Lehuu was ploughing his land and it is alleged that Kor Singh accused entered into that land, unyoked his bullocks and drove them away. Lehnu filed a complaint against Kor Singh under section 447, R P. C. on the 12th of November 1963. Kor Singh denied the charge and the trial Magistrate convicted him under section 447 R. P. C. and sentenced him as stated above.

In this revision application it is argued on behalf of the petitioner that the trial Magistrate has not put questions to the accused under section 342, Cr. P. C. for the purpose of enabling him to explain any circumstances appearing in the evidence against him. My atte

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