JUDGMENT

Mohammad Hamid Hussain, J. - This is a revision by three applicants against their conviction under section 411 read with S. 34 I.P.C. and the sentence of one year awarded to each of the applicants.

2. The prosecution case in brief is that on 26th November, 1968 a bale of cloth was lifted from outside a godown in Lalta Building in Mohalla Sarai Rafi. A report of this theft was lodged with the police. On 28th November, 1968 the bale of cloth was recovered by the police from a rickshaw driven by the applicant Mohammad and on that rickshaw, at that time, applicants Sheoraj Itwari and Khem Singh were also sitting. The three applicants and Khem Singh were accordingly prosecuted and convicted by the Magistrate under section 411 /34 I.P.C. and each of them was sentenced to one year's R.I. On appeal the learned Sessions judge acquitted Khem Singh but upheld the conviction and sentence of the three applicants.

3. Sri P.C. Chaturvedi, learned counsel for the applicants, has contended that the conviction of the applicants under section 411 I.P.C. with the aid of S. 34 I.P.C. is wholly illegal and none of the three applicants can be said to be in possession of the bale of cloth. He has