( 1 ) THIS is a revision by Rampati Rai, who has been convicted by the learned Assistant Sessions judge of Gorakhpur under Section 406 I. P. C. and sentenced to two years simple imprisonment. He preferred an appeal against his conviction and sentence but it was dismissed by the learned sessions Judge of Gorakhpur. He has now come up before this Court in revision. When the revision was admitted, notice was issued to the applicant by a learned Judge of this Court to show cause why his sentence should not be enhanced. The revision and the notice have been heard by us.

( 2 ) IN order to appreciate the matter certain facts may be stated. In the year 1947 a case under section 145 Cr. P. C. was started in the court of the Sub-divisional Magistrate of Bansgaon in gorakhpur district between Narsingh Pande and Ram Narain on the report of the Police, barhalganj. In that case certain plots of land had been attached by the court together with standing crops and were delivered to the supardagi of one Ambika Singh. The appointment of ambika Singh as sapurdar was subsequently cancelled by the said court and one Sheo Pujan misra was appointed as Sapurdar in his place by an order dated 3-11-