1. - By the judgment dated January 14, 1980, the Chief Judicial Magistrate, Bikaner, has--(1) convicted accused Birju for the offence Under Section 411, Indian Penal Code and instead of sentencing him to imprisonment directed that he may be released on probation, and (2) acquitted accused Lachhiya of the charge for the offence Under Section 454, 457 and 380, Indian Penal Code. This appeal is preferred by the State against the said judgment.

2. According to the prosecution, the occurrence took place in between the period from October 29, 1976 to November 1,1976. It was alleged that some Thans of Canwas, regzin and foam-sheets were stolen away from the godown of Ramswaroop, situate near the Railway Station, Bikaner. A First Information Report of the occurrence was lodged by Ramswaroop on Nov. 1, 1976, at 3 p.m. at Police Station Kote-gate, Bikaner. On this a case Under Sections 454, 380, Indian Penal Code was registered. During investigation, some articles were recovered from the shop of Birju and some from the house of Lachhiya in village Chokuni. Upon completion of investigation, a charge-sheet was filed against both the accused for the offence Under Sections 454 & 380, Ind