JUDGMENT

Sen, J. - This is a reference by Mr. P.C. Agarwal, the learned Additional Sessions Judge of Moradabad, recommending that the conviction and sentence passed upon Ghasi, Dari and Gokul u/s 424, I.P. C, be set aside.

2. One Umar Daraz had a, decree against Ganpat, Gangu and Dilsukh. In execution of the said decree, certain crops were attached and one Saadat was appointed shehna or bailiff to guard the crops. Ghasi, Dari and Gokul, in spite of resistance on the part of the shehna, cut and took away half the crops. The shehna lodged a complaint and the result was that Ghasi, Dari and Gokul were convicted u/s 424, I.P. C, and sentenced to a fine of Rs. 20 each. The plea put forward by the accused persons was that they had cultivated the crop and that there was nothing wrong, if they cut the crop and took the same away. The trial Court did not enter into the question whether the plea put forward by the accused was correct.

2. The learned Magistrate in answer to the referring order observes as follows:

It is a general principle that a criminal Court cannot determine the title of a person to any property. Moreover the complainant had no opportunity to adduce any rebutting evidence as t