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Judgment
Spencer, J.—The illustration (a) to Section 378, Indian Penal Code, shows that if a tree is cut with the intention of dishonestly taking it out of the possession of the person in possession, the offence of theft is complete as soon as the tree is severed in order to such taking.
Here the Appellate Court found that the accused cut the trees "to annoy P.W. No. 1 and to get the better of him." The conviction for theft is accordingly set aside. That for mischief will stand.
The sentence is reduced to the amount of rigorous imprisonment already undergone by the accused and to fines of Rs. 10 each and in default of payment to three weeks rigorous imprisonment. The order to pay Rs. 20 as compensation to complainant out of the fines, if collected, will stand.