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Phul Singh and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in18Ind.Cas.146a
AppellantPhul Singh and ors.
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 379 - theft--landlord and tenant jointly cultivating crop--removal by landlord. - - the case is clearly not one in which the accused could possibly have been convicted of theft......judge, with a recommendation that the convictions and sentences on the accused be set aside. the matter is a dispute between a landlord and a non-occupancy tenant. the tenant's case was that the landlord cut and removed his crops. the landlord's defence was that he removed the crops because he had jointly cultivated the land and was a part owner thereof. there can be very little doubt, as the sessions judge has pointed out, that the accused phul singh did share in the cultivation and, therefore, he must be deemed to have been in possession of the property alleged to have been stolen. the case is clearly not one in which the accused could possibly have been convicted of theft. i, therefore, accept the recommendation of the sessions judge and set aside the convictions and sentence......
Judgment:

Tudball, J.

1. The record of this case has been submitted to this Court by the Sessions Judge, with a recommendation that the convictions and sentences on the accused be set aside. The matter is a dispute between a landlord and a non-occupancy tenant. The tenant's case was that the landlord cut and removed his crops. The landlord's defence was that he removed the crops because he had jointly cultivated the land and was a part owner thereof. There can be very little doubt, as the Sessions Judge has pointed out, that the accused Phul Singh did share in the cultivation and, therefore, he must be deemed to have been in possession of the property alleged to have been stolen. The case is clearly not one in which the accused could possibly have been convicted of theft. I, therefore, accept the recommendation of the Sessions Judge and set aside the convictions and sentence. The fines, if paid, will be refunded. The order for payment of compensation to the complainant is set aside.


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