O.P. Trivedi, J. - (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. Badri and Natha filed a revision before the Civil and Sessions Judge who expressed the opinion that no theft was committed by Badri and Natha, they being joint owners of the trees and also being in joint possession of the same with the complainant and for this view he relied upon the case of Phul Singh and Ors. v. King Emperor, 1912 ALJR 527. He has made this reference with a recommendation that the order of conviction and sentence passed against the revisionists Badri and Natha may be set aside.
(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.;