BAPNA, J.—This is an appeal against an order of acquittal dated 3rd March, 1952, passed by the learned Sessions Judge of Jhunjhunu, on appeal against the judgment of conviction of the accused for an offence under sec. 457 of the Indian Penal Code made by the Sub-Divisional Magistrate, Khetri, dated 29th November, 1951.

2 The facts are not disputed. In execution of a warrant issued by the Civil Judge, Jhunjhunu, on 12th December, 1950, in proceedings for execution of a decree in favour of Madanlal against Banarsilal certain moveable properties were attached by a process-server on 14th December, 1950. It is alleged that the property remained in a godown, and the judgment-debtor respondent got into the godown by breaking open a window on the night of 18th January, 1951, and removed some of the goods which had been attached. The accused denied the charge, but he was convicted by the learned Sub-Divional Magistrate, Khetri for an offence under sec. 457 of the Indian Penal Code, and sentenced to undergo 2 months rigorous imprisonment and a fine of Rs. 100/-. On appeal, the learned Sessions Judge acquitted the accused on the ground that the warrant in pursuance whereof attachment of the pr

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