( 1 ) THIS is an application in revision by four persons, namely, Gurcharan, Bhagwan, Jagarnath and Balram, who have been convicted under Section 379, I. P. C. , by a first class Magistrate of ghazipur. Gurcharan and Balram were sentenced to 9 months rigorous imprisonment and bhagwan and Jagarnath to 6 months rigorous imprisonment. Their conviction and sentences have been upheld in appeal by the learned Sessions Judge.

( 2 ) IT appears that on the 13th October, 1953 a complaint was filed by Smt. Biranjia, widow of mahadeo Koeri, against the applicants that they had cut her crop in plot No. 909 on the 23rd august 1953 at about 2 p. m. and had thereby committed theft. The applicants denied that they had cut the crop. It may be mentioned here that prior to this complaint Smt. Biranjia had filed a report under Section 145/506, I. P. C. , against the applicants at the police station. Subsequent to this report Smt. Biranjia filed a complaint before the District Magistrate, Ghazipur, in respect of the same occurrence. The District Magistrate called for a report from the police and after a perusal of the report was not satisfied that the prosecution case was correct. He, theref