JUDGMENT :- This is an appeal by the State against the order of Sub-Divisional Magistrate Begu (Chittorgarh) dated 19th March, 1963 acquitting the respondent Bhanwaria Bhil of Sukhpura of an offence under Section 448, Indian Penal Code.

2. The prosecution case was that just before midnight intervening 11th December, 1962 and 12th December, 1962 the accused respondent entered the house of Jetia with an intent to commit the offence of theft. On account of his entry the oxen in the house of Jetia made some movements causing noise and there was also some noise on account of the rattling of the utensils. Balu, the nephew of Jetia heard the noise and he closed the door of Jetia's house from outside by bolting. It may be mentioned here that Jetia was not at his house, he having gone to some other place for kirtan, leaving behind his wife Sevu alone. Balu after closing the door went to inform Jetia. Jetia came to his house and opened the door from outside and found the accused inside the house. The accused wanted to get out from the house but he was not allowed to do so. He was shut up in the house, and a Police Constable from a nearing Out Post Dhangramhow was called and the accus