SHIV DAYAL SRIVASTAVA, J.

( 1 ) THE petitioner was tried by the Magistrate First Class Agar under Section 215 of the Penal Code for having taken Rs. 200/- from Gangaram whose buffaloes had been stolen but not doing his all to get the thieves convicted.

( 2 ) HE was sentenced to suffer Rule I, for one year. The conviction and sentence have been maintained by the Additional Sessions Judge, Shajapur.

( 3 ) THE prosecution case was that two buffaloes belonging to Gangaram were stolen from his house. He went in search for them. He received information that the buffaloes had been seen with Dewa Balia (petitioner ). He was, therefore, contacted. He agreed that the buffaloes would be restored to Gangaram provided he was paid Rs. 200/ -. This took place soon after the theft which itself had taken place on the night between the 29th and the 30th November 1956. The agreement between Gangaram and Dewa Balia was arrived at in the morning of November 30, 1956. The amount was paid to him thus; Rs. 175/- paid in cash and one armlet (Bajuband) valued at Rs. 25/- was delivered. On 1-12-1956, Dewa Balia restored the buffaloes to Gangaram in a jungle. Along with the petitioner, Dewa Bagri, Shankar and

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