Judgment

KAPUR J. : This is an appeal against the judgment and order of the High Court of Allahabad dismissing the revision application of the appellant against his conviction under Ss. 457 and 380 of the Indian Penal Code.

2. On October 13, 1956, at about 8 p.m. the complainant locked his shop and went out for a short while. On his return after about three-fourths of an hour he found his shop broken open and a box containing Rs. 2,000 and clothes and another box containing Rs. 200 stolen. He was told by prosecution witnesses Liladhar and Harnam Singh and two others that they had seen the appellant and Narain carrying away the boxes. On the following day at about 10 a.m. a report was lodged with the police and on October 15, 1956, the appellant was arrested by Sub-Inspector Virendrapal Singh. According to the prosecution, on being interrogated the appellant produced a box from a pond and handed over the same to the Sub- Inspector. He also produced a key from out of a bunch of keys before the Sub-Inspector and that key fitted the lock of the complainant which had been sent for. The Sub-Inspector took into possession both the key and the lock. The appellant and Narain were tried for of