NANAK Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants were convicted by the Judicial Magistrate Hapur, Meerut for an offence under Section 379, I. P. C. and sentenced to rigorous imprisonment for 18 months, The Magistrate also passed an order forfeiting the cycles of the applicants.

(2.) THE case for the prosecution is that the applicants ware found cutting wire from the side of the Government Tube Well Raghunathpur. Nanak applicant was perched upon the pole and cutting the wire. Abdul Haq and Momin applicants were collecting the out wire and making rounds thereof. They were arrest, ed on the spot. An Art, two cycles and one wrist watch were also recovered from their possession at the time of their arrest.

(3.) THIS case of the prosecution has been proved by the evidence on the re. cord. The finding of fact recorded by the trial court has been confirmed by the appel. late court. The High Court did not admit the revision on merits but observed at the time of admission that it was doubtful whether the order forfeiting the two cycles was an order in accordance with law. Counsel for the State was granted time to study this question,