Horwill, J.

1. The prosecution case was that the Deputy Tahsildar saw a number of goats grazing in the forest and that finding that the owner had no license for so grazing them, he proceeded to drive them to the cattle pound. On the way, the Deputy Tahsildar was met by the first and second accused, who are brothers and owners of the goats, and by the third accused, their friend. Without disclosing the fact that the first and second accused were the owners of the goats they told the Deputy Tahsildar that they would assist him in driving the goats to the pound and they led him not to the pound but to their own pen. The Deputy Tahsildar duly drove the goats into the pen and upon entering the village to inform the village magistrate, he was told that the enclosure into which he had driven the goats was not a cattle pound but a private pen of the owners of the goats. The Deputy Tahsildar thereupon filed a complaint in the Court of the local Sub-Magistrate, and in due course a charge was framed against all the three accused under Sections 417 and 379, Indian Penal Code. The case has not yet ended; but this revision petition was admitted because it was contended on behalf of the accus