ORDER :-The applicant Munshi was tried along with five other persons, viz. Atma Singh, Sher Khan, Sem Singh, Retain and Zulfi, by a Magistrate 1st Class Meerut. Munshi and Sher Khan were each convicted under Section 380, I.P.C. and sentenced to fifteen months' rigorous imprisonment, Atma Singh was convicted under Section 411, I.P.C., and sentenced to nine months rigorous imprisonment, while the remaining three accused were acquitted. The convicted persons preferred an appeal. The learned Additional Sessions Judge Meerut allowed the appeal of Atma Singh and set aside his conviction, but dismissed the appeals of Munshi and Sher Khan and maintained their convictions and sentences Munshi has come up in revision to this Court.

2. The case of the prosecution was that on the night between 25th and 26th August 1963 a Bhainsa belonging to Sheo Ram and two bullocks belonging to Ram Swarup were stolen from the respective Ghers of the said persons in village Chhabli. The loss of these cattle was discovered soon afterwards, in the night and some men of the village, including the owners of the cattle started immediately on a search. When they reached near the road which is at a distance of about

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