Chitale, J.

1. This is a criminal appeal by accused No. 4 against the order of conviction and sentence passed against him under Section 411, I. P. C,

2. Prosecution, case briefly stated is as follows : One Pokhraj Ghemaji carries on business in fountain pens etc. at Calcutta. His brother Bhavarlal Gheuiaji carries on business in fountain pens etc. in Bombay. On 21-7-1961 Pokhraj purchased a half passenger ticket, and against that half passenger ticket booked a parcel containing fountain pens etc. of the value of about Rs. 2900/- with the Railway, and obtained a luggage receipt from the Railway in respect of that parcel. Pokhraj posted that luggage receipt to his brother Bhavarlal at Bombay. Bhavarlal did not receive that luggage receipt. According to the prosecution, Bhavarlal received a list of the articles sent by his brother Pokhraj by ordinary post in the evening of 23-7-1961. Bhavarlal went to the luggage office at V. T. Station on 24-7-1961, and there made inquiries about the package sent by Pokhraj from Calcutta. Bhavarlal was then informed that the package had arrived at the luggage office at V. T. Station on the previous day and that package had been duly delivered.