Judgment

KHANNA, J.:- Ayodhya Singh appellant and Hira Singh were convicted by Additional Munsiff Magistrate Jaipur for offences under Sections 457 and 380 read with Section 75 Indian Penal Code. Ayodhya Singh was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of rupees two thousand for the offence under Section 457 read with S. 75 Indian Penal Code. In default of payment of fine, Ayodhya Singh was sentenced to undergo rigorous imprisonment for a further period of six months. Similar sentence was awarded to Ayodhya Singh for the offence under Section 380 read with Section 75 Indian Penal Code. The two sentences were ordered to run consecutively. Hira Singh was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of rupees one thousand, or in default, to undergo rigorous imprisonment for a further period of six months for the offence under S. 457 read with S. 75 Indian Penal Code. Similar sentence was awarded to Hira Singh for the offence under S. 380 read with S. 75 Indian Penal Code. The two sentences of Hira Singh were also ordered to run consecutively. Appeals filed by Ayodhya Singh and Hira Singh were dismissed by Additional Sessions Judge, Jaipur. Revision petitions filed by Ayodhya Singh and Hira Singh in Rajasthan High Court met with no better fate. Ayodhya Singh thereafter filed this appeal by special leave through jail.

2. The prosecution case is that Kistoor Chand (P. W. 73) deals in gold and silver. He was running a shop in Johri Bazar, Jaipur, but sometime before the occurrence, he had to vacate the shop and remove the gold and silver ornaments worth over a lakh of rupees to his house situated in Manni Ramji-ka-Rasta in Jaipur City. The house has four storeyes and the ornaments were put in a room on the third storey of the house. Cash amount was also kept by Kistoor Chand in that room. When Kistoor Chand got up on the morning of February 9, 1964 he found that the big window of the room in which ornaments had been kept was lying open. On opening the room it was found that the boxes containing ornaments were lying empty. A number of articles were seen scattered in the room. Report about the occurrence was lodged at police station Manak Chowk Jaipur City by Mahindra Kumar (PW 74), son of Kistoor Chand at 7.30 a.m. on February 9, 1964. A case was then registered by the police under Ss. 457 and 380 Indian Penal Code.

3. Sub Inspector Basant Vallabh went soon after the registration of the case of Kistoor Chand s house and found that culprits had effected their entry into the room by breaking open the window. The Sub Inspector saw a number of articles scattered in the room. The containers for keeping gold and silver ornaments were lying empty. A police photographer was sent for. The photographer developed the finger prints left by the culprits on a silver plate lying in an almirah of the room. The photographs of the finger impressions were compared with the specimen finger impressions of Hira Singh accused and it was found that they tallied with each other.

4. Hira Singh accused was arrested on February 21, 1964. In pursuance of disclosure statement of Hira Singh Rs. 1,790 were recovered from Saraswati Bai, wife of the brother of Hira Singh. A box was also recovered in pursuance of the disclosure statement of Hira Singh and a number of stolen articles were found in that box. Hira Singh also got recovered an instrument of house breaking. As a result of the interrogation of Hira Singh, the police raided the house of Ayodhya Singh appellant at Jhiri on February 21, 1964 and recovered from that place 18 stolen articles. Ayodhya Singh was arrested by the police on February 25, 1964 at Etawah and from his personal search 26 items of stolen property were recovered. The recovered property included cash amount of Rs. 6,485/- including 28 currency notes of the denomination of Rs. 100/-. In pursuance of information supplied by Ayodhya Singh, the police recovered o