AGARWALA, J.

( 1 ) SRIMATI Bari Dulaiya filed a complaint before the Panchayati Adalat of Rupadhamna alleging that Moti Lal applicant stole away a cow from her house after having sold the same to her.

( 2 ) THE applicants defence was that he did not steal the cow and was not guilty of theft.

( 3 ) THE complainant examined two witnesses, Noni Dulaiya, an old lady living in the neighbourhood, and one Chattrasal, a person whose name appeared in the panel of Panches of panchayati Adalat, Rupadhamna. The applicant examined one Ram Sarup and Rajpat. Rajpat admitted that a receipt was written after the cow had been sold. The receipt was scribed by one sri Nathu Ram Yadav, one of the Panches constituting the Bench of the Panchayati Adalat trying the case. He was also examined by the Panchayati Adalat. He corroborated the statement of the complainant. The Panches including the witness Sri Nathu Ram Yadav, convicted the applicant under Section 379, I. P. C. and sentenced him to a fine of Rs. 45/ -. In their judgment the Panches relied not only upon the statements of the prosecution witnesses, but also upon the statement of sri Nathu Ram Yadav Panch.

( 4 ) AGAINST this order the applicant fil