Judgment

PALEKAR, J. :- The appellant Moinuddin Mozumdar was convicted by the Assistant Sessions Judge, Silchar of the offence under Section 412, Indian Penal Code and was sentenced to rigorous imprisonment for a period of five years and a fine of Rupees 1,000/-. In appeal to the High Court of Assam and Nagaland the conviction was maintained but the sentence was reduced to rigorous imprisonment for one year and the fine was remitted.

2. The case arose out of a dacoity which took place at midnight of 1-3-1965 in the house of P.W. 1 Churamani Nath of village Nij-Katigora in the District of Cachar when ornaments and other articles worth about Rupees 1,300/- including a studio camera were stolen. Along with the appellant who was accused No. 1, two others Jamirudin and Samiruddin were put up for trial on a charge under Section 395, Indian Penal Code. The other two have been acquitted and we are now concerned only with the appellant. During the course of the investigation the camera which was one of the stolen properties in the dacoity was traced to the appellant and seized by the Police on 5-3-1965. The camera belonged to Udoy Shankar, P.W. 2 - a professional photographer. Udoy Shankar is