BADRI AND ANOTHER Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THIS criminal reference has been made by the Second Temp. Civil -and Sessions Judge Sitapur.

(2.) JANKI opposite party brought a complaint in the Nyaya Panchayat against Badri and Natha Under Section 379, IPC with allegation that they had cut away the Neem trees belonging to him and committed theft of the wood. The learned Magistrate found that Badri and Natha were co -owners of the trees along with Janki complainant and were also in joint possession of the trees. Inspite of this finding he found Badri and Natha guilty of an offence Under Section 379, IPC and sentenced them to a fine of Rs. 50/ -each in default to undergo rigorous imprisonment for ten days.

(3.) I have heard the learned Counsel for the parties and I have also seen the judgment of the learned Civil and Sessions Judge. The Magistrate has chosen not to submit any explanation.