JUDGMENT : Narasimham, C.J. - The eleven Petitioners were convicted under Sections 379 and 447 I.P.C. and sentenced to pay varying amounts of fine, by a First Class Magistrate of Dhenkanal. The learned Magistrate found as a fact that they cut and carried away crops raised by the complainant (P.W. 1) on a piece of land in his possession in village Shankarpur. There was some evidence of possession on the side of the complainant which was believed by the lower court. 2. Petitioner Kalandi is said to be the leader of the accused-party and he claimed to be in possession of the plot by virtue of a patta, but the lower courts disbelieved his plea anti also disbelieved the evidence of the defence witnesses. As a court of revision I am not inclined to interfere with this finding of fact. As regards the remaining ten Petitioners the finding of the lower court is that they are labourers who belonged to another village close by. But he inferred their dishonest intention because generally people in villages have knowledge about persons and the lands in their possession in those villages. Moreover, they cut away unripe crops from the disputed lands. But I do not think these are sufficient to justify the inference of dishonest intention. It is quite probable that being ordered by their master Kalandi they cut and removed the crops thinking that it was none of their business to further enquire whether the crops were unripe or not. The benefit of doubt may therefore reasonably be given to them. 3. But so far as Petitioner Kalandi Sahu is concerned, I see no reason to interfere. 4. I would, therefore, modify the order of the lower Court as follows : The conviction and sentence passed on Petitioners Jami Mallik, Gandharab Mallik, Amar Mallik, Bhambar Mallik, Dama Mallik, Mantiri Mallik, Mahur Diari, Kusia Mallik, Bajia Mallik, and Chakadi Mallik, are set aside, and they are acquitted of the offences with which they were charged. The conviction of Petitioner Kalandi Sahu under Sections 447 and 379 I.P.C. and the sentence of fine of Rs. 25/- on each of the charges are maintained in default of payment of fine be shall undergo rigorous imprisonment for one month as ordered by the lower court. Out of the fines, if realised, Rs. 25/- may be paid to the complainant as compensation. 5. 25/- on each of the charges are maintained in default of payment of fine be shall undergo rigorous imprisonment for one month as ordered by the lower court. Out of the fines, if realised, Rs. 25/- may be paid to the complainant as compensation. 5. The revision is thus allowed in part. Final Result : Allowed