(1.) THIS is an appeal under Sub -Section (3) of Section 417 of the Code of Criminal Procedure.
(2.) THE respondents were charged under Sections 144 and 379 of the Indian Penal Code for forming an unlawful assembly for committing the offence of rioting armed with deadly weapons and for having committed theft of wheat crop from plots Nos. 1452 and 1295 belonging to the complainant.
(3.) THE case of the respondents was that they had committed no offence. The appellant was never in possession of the disputed plots as bataidar of Harilal Bank nor had he grown the wheat.