JUDGMENT

Bajpai, J. - This case was heard by me on August 6, 1934, when I directed that the amin of the Civil Court should be examined and his evidence tested carefully by the execution record of case No. 67 of 1933 of the Court of Judge, Small Causes, at Pilibhit. The amin was examined and cross-examined and his evidence has been certified to this Court along with a note by the Judge.

2. The facts of the case might be staled briefly once more. On March 24, 1933, the amin of the Civil Court went to attach certain crops belonging to Bhaggi in execution of a decree obtained by Jagmohan Lai. It is said that the crops were attached and entrusted to custodian. Some days afterwards, that is, on April 2, 1933, Beni, the applicant before me, removed the crops in spite of a remonstrance by the sapurdar. Upon theses facts Beni was convicted) of an offence u/s 329, Indian Penal Cede, and sentenced to pay a fine of Rs. 50.

3. The contention of the applicant before me as well as before the Courts below was that the attachment was illegal and consequently there could be no theft if the applicant removed the crops; Reliance was placed on the case of Ram Sakal Singh and Another Vs. Emperor, AIR 1931