JUDGMENT

Dr. Mukundakam Sharma, J. —

1. By this judgment and order, we propose to dispose of the appeal filed against the judgment and order of the Division Bench of the High Court of Madras, whereby the Division Bench set aside the judgment and order of the learned Additional Sessions Judge, Vellore and acquitted both the accused respondents of all the charges framed against them.

2. However, before we deal with the contentions raised before us in the appeal, it would be necessary to state the facts of the case leading to filing of the present appeal, which are as under:

The father of the accused respondents is the brother of P.W. 1 and P.W. 6. They inherited certain property which was again divided amongst them. There were two mango trees on one acre of land at Kanililuppai village which belonged to P.W. 6. The father of accused had no share in that property. According to the measurement done both the trees of mango fell within the land of P.W.6. One of the trees had become dead tree. However, before the said measurement could take place the father of the accused respondents sold that tree to one Shanmugam for a sum of Rs. 1,000/-.

The occurrence, which gives rise to the present