Wanchoo, C.J.—This is an appeal by the State against the acquittal of Indraj by a Magistrate of the First class of an offence under sec. 454 of the Indian Penal Code.

2. The prosecution case was briefly this. Shivkaran and his family lived in Nangal Bari. He and members of his family had gone out to their fields on the morning of 29th of September,1952 and had shut up the house When they returned in the evening they found that the door of the house was open and that the lock of an almirah inside the house had been broken. The almirah contained Rs. 350/- in currency notes and a tin-box containing gold and silver ornaments. The money as well as the box of ornaments was found missing. It was also stated in the first report that the house of the accused Indraj was next door and that the accused knew that the money add ornaments were in that almirah. Suspicion was expressed against Indraj on the other ground that he was a gambler It was also explained that there was delay in the report as they were trying all along to find out about the theft

3. The report of the incident was made in the Thana on the 3rd of October, 1952. The police arrived on the scene on the 4th of October and it is sa

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