Judgment

PALEKAR, J. : In this appeal by special leave the appellant, Mahabir Sao, has been convicted for the offence under section 411-IPC and sentenced to six months rigorous imprisonment. The conviction and sentence recorded by the learned Munsif Magistrate, Monghyr have been confirmed by the Sessions Judge in appeal. A revision application filed by the appellant to the High Court was summarily dismissed.

2. The case against the appellant was started on a complaint made by Major M. A. Subhan, P.W. 3 who was the Military Station Commander with his Headquarters at Jamalpur. On information given to him by Subedar Saved Ismail, P.W. 4, he complained on 27-6-1965 to the Police Station at Jamalpur that three G. I. Pipes (Galvanised Iron Pipes) were missing from the camp and some sweepers working in the camp were suspected of the crime. On the same day the Officer in-charge of the Police Station S. 1. Suraj Prasad, P. W. 8 recovered one pipe from the place of one Fakira, father of Saryug Yadav, P. W. 1 and two pipes from the Angan of the house of the appellant. Saryug Yadav, P. W. 1 explained that he purchased the pipe from a person named Pooran on 25-6-1965. Thereafter the aforesaid Poo