( 1 ) THIS is an application in revision by Ganga Singh, Hodal and Pratap, who have been convicted under Section 379, I. P. C. and each of whom has been sentenced to undergo one years rigorous imprisonment. The only question, which arises in revision is whether the two Courts below were justified in acting upon the evidence of identification with particular reference to the circumstances of the case in coming to the conclusion that that evidence, which was the only evidence against the applicants, was sufficient to establish the charge.

( 2 ) BRIEFLY stated, the prosecution story waa as follows: On the night between the 27th and 28th of january, 1954, three cattle belonging to one Ram Chandra were stolen from his house. The matter was detected some time during the night and a party consisting of several men left the village in search of the cattle and they followed a track which indicated that the cattle had been taken in a certain direction. The party followed the footprints of the cattle. It was said that at about 5 in the morning when the party reached a place known as Mania Khera at a distance of about 2 and half miles from the house of the complainant after having cros