A cuts down a tree in Z’s ground with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent.
A has committed the offence of Theft under Sec. 378. According to the essentials of theft, the property must be movable property.
- The tree is an immovable one, but as soon as A cut it down from Z’s ground, it becomes a movable property. So, taking the tree from Z’s ground is theft.
- A has dishonest intention to take the tree out of Z’s possession.
- A does not get the consent of Z to take his property. So, A is guilty of committing theft.