A. V. KRISHNA RAO, J.

( 1 ) THIS appeal raises a question under Section 403, Criminal Procedure Code, The two appellants have been convicted in Sessions Case No. 3 of 1956 by the Sessions Judge, Nellore under Section 411, Indian Penal Code for having on 23-10-1955 dishonestly retained stolen property belonging to P. W. 1 Kancherla Subbayya of Katrayapadu. The theft took place on the night of 21-10-1955. The charge against the first appellant was in respect of a sari lost by the theft. The charge against the 2nd appellant was in respect of a pair of gold mattelu and another sari lost by the theft. The incriminating evidence against them was that on 23-10-1956, they offered to P. W. 5 some jewels and clothes for sale surreptitiously and when P. W. 5 detained them on suspicion, they were found in possession of these and other articles, which were traced to be stolen properties. The other stolen articles found in their possession belonged to one Lingamgunta Kondia of Katrayapadu, the theft at whose house took place a few days earlier than the theft at P. W. 1s house. In respect of those articles, they were previously tried and acquitted in Sessions Case No. 35 of 1953 by the Assistant S

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