SHEO PRASAD Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision from a conviction under Section 109 (a) of the Criminal P. C..

(2.) Both the applicants are residents of the city of Cawnpore and it is not disputed that they have some means of subsistence at that place. On the 7 of April 1923 the Sub-Inspector of the Circle received information that two strangers had arrived in his village Bharthana, and that they were concealing their presence in a house. When he proceeded towards the village his informer pointed out to him two men who were going away from the village across the field, and it is said that they were going by a footpath which is not much frequented. They Avere pursued and ultimately arrested.

(3.) The Trying Magistrate relying on the evidence of two witnesses, Kailash Chander and Ganga, came to the conclusion that these accused persons were taking precautions to conceal their presence in that village with a view to committing an offence. This view has been accepted by the learned District Magistrate.