Judgment

CHANDRACHUD, J.:- A dacoity took place in the house of one Balaram Naskar of Nimerhati on the night between the 7th and 8th Nov., 1967. Eight persons including the appellant were put up for trial before the learned Additional District and Sessions Judge. Howrah, for offences of various descriptions arising out of the dacoity. The learned Judge acquitted all the 8 accused. In an appeal by the State, the High Court upheld the acquittal of 7 persons but convicted the appellant under Section 411 of the Penal Code and sentenced him to rigorous imprisonment for 2 years. This appeal by special leave is directed against that judgment.

2. The conviction recorded by the High Court rests on the discovery of a wrist watch and four churis . The case of the prosecution is that the wrist watch and the churis were stolen during the course of the dacoity and that they were ultimately traced to the appellant. Having considered the evidence in regard to the discovery of these articles we are of the opinion that the High Court was not justified in interfering with the order of acquittal passed by the trial Court.

3. The wrist watch is of Cyma make and the evidence in regard to its identity may