VIJAI SINGH Vs. RAM LAKHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 9-2-1974 passed by the Additional Munsif-Magiistrate, Mainpuri in criminal case no. 250 of 1973 acquitting the respondents of an offence punishable under sec. 379 IPO and directing the two buffaloes to be handed over to Ram Lakhan, respondent no, 1.

(2.) THE case arose out of a complaint filed by Vijai Singh, resident of village Dwarikapur, police station Kurra, district Mainpuri. Vijai Singh alleged that one buffalo and one she-buffalo were stealthily taken away from the house on the night intervening 19th and 20th July, 1970. He further alleged that the 3 respondents were found in possession of the said cattle on 20-7-1970 by Ram Bharo-sey, Lakshmi Narain and Tulsi Ram.

(3.) LEARNED counsel for the parties have been heard.