ORDER

Desai, J. - The applicant Raja Ram Pandey has been convicted by the Sessions Judge of Jhansi u/s 411, Penal Code, and the other applicants, Mangal Singh and Ors. u/s 411 read with Section 109, Penal Code. They were tried along with Khitta, who was acquitted by the trial Court, for the theft of two bullocks belonging to Ram Prasad Patwari. The case for the prosecution was as follows:

2. Ram Prasad was Patwari in village Patha up to December 1946. He used to do cultivation in the village jointly with Khitta. He owned three bullocks which used to be kept with Khitta. Khitta himself owned one bullock. In December 1946, the Patwari left Patha circle or was transferred from it. He sent his three bullocks to P.W. Sultan Singh and D.W. Narayanju, who are brothers living jointly in village Gurha Buzurg. In January he sent them to village Midarwara which adjoins village Patha. On 14th January 1947 they strayed from Midarvara to Khitta'a house in Patha. Raja Ram applicant belongs to village Mehroni, which is about 7 miles from Patha, and has been associated with the Congress for many years. In January 1947, he was the president of the Congress Mandal Committee. On 15th January 1947 he went to Patha and held a Congress meeting in the evening. At night, after holding the meeting, he went with the other applicants to the house of Damru Mukhia, There he asked the people who had collected there what was the news of the Patwari. The applicants in reply to this simple question told him that he had gone away from the village, that his three bullocks had strayed into the village and were in Khitta's possession, that he was at liberty to take them with him and that if he desired to do so they would help him. Thereupon, he sent Nathwa to call Khitta with his bullocks. Khitta went with the three bullocks of the Patwari and his own bullock to the house of Damru. Raja Ram then called Mangal Singh applicant, who is the Moharrir at the cattle pound of Patha, and asked him to make false entries in the pound register to the effect that the four bullocks had been impounded into the pound by Kamta applicant and had been released by Khitta. After some hesitation, Mangal Singh was persuaded to make entries in the register to the effect that on 15th January 1917 Kamta had impounded the bullocks at 7 P.M. and that on 16th January 1947 at 8 A.M. they had been released by Khitta. Then Damru wrote out a receipt purporting to be for Rs. 78 received by Khitta for sale of two bullocks belonging to him to Raja Ram Raja Ram asked Khitta to sign the receipt, but he refused. The applicants threatened that if he refused to sign it he would be ruined in the same manner in which the Patwari was. Khitta asked what the document was about and Raja Ram told him that he would take two of the Patwari's bullocks and the other bullock would be left with him (Khitta). Whether under the influence of the threat or on account of greed, Khitta signed the receipt. The applicants, Jagannath, Puran, Kamta and Wamdin attested it. Thereupon Raja Ram took away two of the bullocks and tied them at the door of the Mukhia, while Khitta took away his own bullock and the third bullock of the Patwari. On 17th January 1947 the Patwari heard that his bullocks had strayed to Patha, went there and learnt that two of them had been taken away by Raja Ram and after verifying the fact made a report at police station Mehroni.

3. The police started investigation. It was at first done by the second officer who was then acting as the station officer. He submitted a final report on 22nd January 1947. But before it reached the Magistrate, the Deputy Superintendent of Police ordered further investigation by the permanent station officer who had by then returned from leave and taken over charge. The further investigation resulted in the submission of a charge sheet by the Station Officer against Khitta u/s 37/l14, Penal Code against Raja Ram u/s 411, Penal Code, and against the remaining applicants and Damru u/