P. L. BHARGAVA, J.

( 1 ) BABBAN Lal was formerly the patwari of village Bijaura, P. S. Mardah in the district of ghazipur. In October 1946 he was appointed to officiate as supervisor kanungo of Zahurabad with head-quarters at Qasimabad, to which place he shifted from Bijaura. He has sixteen or seventeen bighas of occupancy land in village Bijaura. It is recorded either in the name of Lallan prasad, his brother, or in the name of Bhagwan Prasad, a cousin of his. It is said that while he was away, on the morning of 15th Jane 1947, Babban Lals house in village Bijaura was looted and razed to the ground.

( 2 ) ON 19th June 1917, Babban Lal made a report at P. S. Mardah alleging that the appellants and twenty-nine other persons had, on 15th June 1947, in the morning raided his house and, having broken the lock on the outer door of the house, removed the goods lying therein, dismantled the roofs and the walls of the house and removed the door leaves, etc. , and threw the clay of the walls into a ditch. The police re. gistered a case Under Section 454, Penal Code, against the persons named in the report, and after investigation sent them up for trial.

( 3 ) THE case for the prosecution wa

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