( 1 ) I propose to dispose of these three appeals together because their facts are identical and the points raised is them are the same. Criminal Appeal No. 311 OT 1962 has been filed against maiku. Criminal Appeal No. 312 of 1962 has been filed against Shakoor and Criminal Appeal no. 313 of 1962 has been filed against Mangrey. The three respondents were prosecuted and tried separately before the Additional Sub-Divisional Magistrate Sitapur on a charge under section 5 Telegraph Wires (Unlawful Possession) Act, The charge against Maiku respondent in criminal Appeal No. 311 of 1962 was that on 25th June, 1959 at about 2 P. M. , he was found in possession of two Lachhis (weighing 30 seers) of Railway Telegraph Wire while he was going on a rickshaw in Sitapur. Against Shakoor it was alleged that he had with him three bundles of telegraph Wire when he was arrested near Sah Maholi, police station Kotwali, district Sitapur, at about 9. 20 A. M. on 12th May, 1959. Mangrey respondent in Criminal Appeal No. 313 of 1962 was accused of possessing one Coil of Railway Telegraph Wire (weighing 28 seers) at about 3. 15 P. M. on 25th June, 1959.

( 2 ) BY separate judgments, but on t