N.Untwalia, J.

1. This case raises an interesting point of law in regard to the interpretation of Sec.27 of the Evidence Act. The case came up for hearing before a learned single Judge of this Court and was referred to a Division Bench.

2. The petitioner, Moti Lal, has been convicted under Sec. 411 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500.00 or in default to undergo further rigorous imprisonment for three months. One Lakhan Lal, who is a close agnatic relation of the petitioner and lives in the same premises where the petitioner lives, was also convicted under the same section along with the petitioner. Both the convicts filed an appeal before the lower appellate court and their appeal was dismissed. Only Moti Lal has come up to this court in revision.

3. On the night between the 14th and 15th of July, 1955, there was a theft in the house of one Bhagwan Das (P. W. 1) in village Hasua, district Gaya. There was an alarm and the thieves were running away with valuables and articles from the house of Bhagwan Das but they could not be caught. Information was lodged at the police station Hasua at