ORDER

S.D. Singh, J. - The Applicant Pardeshi has been convicted u/s 328 of the IPC and sentenced to undergo two year's rigorous imprisonment thereunder. His appeal having been dismissed by the Addl. Sessions Judge, Deoria, he has come up in revision to this Court.

2. One Dulare was returning to his village Machhli Gaon within the jurisdiction of Police Station Anand Nagar in district Gorakhpur from Howrah. He was carrying with him about Rs. 550/- cash and some other articles. He reached Bhatni Railway Station at about 8 p.m. on 3-11-1964 and there came in contact with the Applicant Pardeshi. A little later the two boarded the same train for Gorakhpur and satin the same compartment on seats facing each other. Pardeshi is then said to have enquired from Dulare if he would take tea and on his replying in the affirmative and even, giving 12 nP. for the purpose, Pardeshi went to the tea stall and brought two cups (kulhars) on tea and handed over one of them to Dulare. Dulare took about half the cup of tea but, not having liked it and feeling some bitter taste in it, threw away the rest. Pardeshi then offered him some tobacCompany Dulare tasted the tabacco as well, but spat away the same,