N.L.Untwalia, J.

1. The sole appellant in this appeal was committed to the Court of Sessions by Shri S.N. De, Judicial Magistrate, 1st Class, Monghyr, to stand his trial on charges under Sections 353, 307 and 323 of the Indian Penal Code. The learned Sessions Judge, Monghyr, by his judgment and order under appeal has acquitted the appellant of the charge under Sec.307. Penal Code, but has convicted him under Sec.353, Penal Code, and sentenced him to undergo rigorous imprisonment for one year. In the Sessions Court in place of the charge under Sec.323, the charge under Sec.332 of the Indian Penal Code was framed and the appellant has been convicted for that charge also and has been sentenced to undergo rigorous imprisonment for two years. The sentences have been directed to run concurrently.

2. The prosecution case is that on the 26th October, 1961, Narain Prasad Singh (P. W. 1), Officer-in-charge of Jamalpur Police Station, was investigating a case under Sec. 457/380, Indian Penal Code, of the said police station and in that connection he suspected that the stolen articles might be found in the house of the appellant in Mahalla Nayagaon within the jurisdiction of Jamalpur p