P. L. BHARGAVA, J.

( 1 ) THIS application in revision has been filed by Babu Lal and Madhusudan, who were charged and tried for an offence punishable under Section 435, Penal code, by a Magistrate of the first class of Mohamdi, in Kheri district. The learned Magistrate found them guilty, convicted them of the offence with which they were charged and sentenced each of them to rigorous imprisonment for one year and to a fine of Rs. 100.

( 2 ) THE case for the prosecution was as follows: On the night between 17th and 18th March 1950, at about 10 p. m. , the applicant Madbusudan went to Dal chand alias Dalla a tongawala, and asked him to get ready his tonga as he had babulal and Anr. vs. State (21. 05. 1951 -ALLHC) Page 2 of 5 (21. 05. 1951 -ALLHC) Page 2 of 5 to go somewhere. Dalla refused saying that his horse was tired and he himself was unwell. This is said to have annoyed Madhusudan, who threatened Dalla to see him and break his limbs. Dalla and his wife, Shanti, went to sleep in their house. Dallas horse was, as usual, tethered in a double-thatched shed (bangla) near his house. About a couple of hours later Dalchand and his wife heard the noise of their horse jumping in the head.

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