Judgment

VENKATARAMA AYYAR, J.: This is an appeal by special leave against the order of the High Court of Calcutta in Criminal Revision Case No. 36 of 1952 affirming the conviction of the appellant by Additional Presidency Magistrate, Calcutta, under Section 406, Indian Penal Code.

2. The case of the prosecution was that Ram Kishore Misra, the owner of the jewels and saris in question, was a native of village Nawhi in Uttar Pradesh and that he was also carrying on business in Calcutta.

The appellant and the second accused Prayag Dutt Dubey, who were also natives of the same village, saw Ram Kishore Misra, who was then in his village on the 18th June 1951 and represented to him that they were going to Puri and on their way back intended to stay in Calcutta for two or three days and asked for a letter of introduction to his brother-in-law, Bal Krishna Bajpai, who was in Calcutta, to accommodate them in his house and help them in sightseeing.

Ram Kishore Misra then gave the letter which is marked as Exhibit I. Therein he also instructed his brother-in-law to obtain a return of certain jewels deposited by him for safe custody with the firm of Ramjidas Jagannath and send them on to him thro