P. N. Harkanli, J.

1. APPLICANTS Kishan Lal, Khusi Lal, Mohan, Brindavan and Atar Singh were convicted u/Sec. 379 IPC and sentenced to pay a fine (sic) of defaulting applicant was ordered to undergo two months rigorous imprisonment. The sentences not being appealable the applicants preferred a revision which was dismissed by the learned Additional Sessions Judge. Thereupon this second revision was filed.

2. THE prosecution case was that Ajudhi had raised the potato crop in question and that the applicants forcibly cut and removed that crop on 6-2-72 at 7 a. m. and thus they committed an offence of theft.

The three applicants namely, Krishan Lal, Brindavan and Atar Singh admitted that they had cut and removed the crop but contended that the crop had been raised by them after purchasing the land from the brother in law of Ajudhi under a registered sale-deed and so there was no question of theft. The other two applicants denied having removed the crop.

3. THE complainant entered the witness box as PW 1 and examined two witnesses Ram Swarup (PW 2) and Chokhey Lal (PW 3) who stated that the crop belonged to the complainant and it was forcibly taken away by the applicants.

4. BOTH