JAG DUTTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 21st January, 1981, passed by III Addl. Sessions Judge, Jaunpur affirming the conviction recorded against the applicants under Section 379 IPC, but reducing the sentence of three months' RI awarded by the trial court to a sentence of fine of Rs. 100/- each.

(2.) THE facts giving rise to this revision can briefly be stated as under : THEre is a plot no. 55, measuring 44 acres, situate in village Naghaiti, police station Sarai Khwaja, District Jaunpur. This plot was recorded as grove in revenue papers. It is alleged that on 20tHi of May, 1977, the applicants cut a mango tree from that grove. Radhey Mohan (PW 1) and Hari Lal (PW 2) asked the applicants to refrain from doing so but they turned a deaf ear. A report was, therefore, lodged in the police-station, after which the cut wood was taken into possession. On these allegations, the applicants were prosecuted under section 379 IPC. THE trial court found the applicants guilty thereunder and sentenced each of them to three months' RI. Aggrieved against it, they filed an appeal in the court of Sessions Judge. THE learned III Addl. Sessions Judge, who heard the appeal, found it devoid of substance and dismissed the same vide his judgment dated 11st January, 1981 with this modification only that the sentence of three months' RI awarded to the applicants was altered to a sentence of Rs. 100/- as fine. Dissatisfied with it, the applicants have filed the present revision.

(3.) THE aforesaid three documents thus showed that the plot in question belonged to Jag Dutt and Yasin. THE fact that Yasin had sold his share, stands proved from the original sale- deed on the record.