Judgment

KHANNA, J. :- Five accused Ramanbhai Maneklal, Dhanji Vanmalidas, Jawansing Ukarsing, Virumal Mulchand and Ghelaram Murajmal were tried in the court of the City Magistrate, Ahmedabad, the first two for offences under Section 457 read with Section 380 Indian Penal Code and the last three for offences under Section 411 Indian Penal Code. The learned magistrate acquitted accused Nos. 1 to 3, while Virumal accused No. 4 and Ghelaram accused No. 5 were convicted under Section 411 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of nine months and to pay a fine of Rs. 200 or in default to undergo rigorous imprisonment for a further period of one month. Virumal and Ghelaram went up in appeal, but their appeal was dismissed summarily by the Gujarat High Court. These two accused have now come up in appeal to this Court by special leave.

2. The prosecution case is that on the evening of January 9, 1969 between 8 and 10 p.m. a theft took place at the premises of Manubhai Ambalal PW in Ahmendabad. A lady wrist watch, four gold bangles, one gold necklace, one silver ornament and a vessel were stolen as a result of the theft. Report about the theft was lo