MODI, J.—These are two revisions No. 433 of 1963 by Messrs Dhanraj Baldeo-Kishan through its partner Dhanraj and No. 344 of 1963 by Messrs. Radhakishan Vidyadhar through its partner Banshidhar and raise an identical question for decision, which arises in circumstances presently to be mentioned.

2. One Kanhiya who incidentally was not impleaded as respondent in these revisions was the common accused in both the cases. On a notice having been ordered to issue to him, he is represented by counsel before us. The case for the prosecution was that a theft of 108 bags of Sarson in the case of Messrs. Dhanraj Baldeokishan and 80 bags of gram in the case of Messrs Radhakishan Vidyadhar had been committed by the accused Kanhiya some time between the 31st May to the 12th July, 1961. The police recovered a sum of Rs. 3800/- in the first case and Rs. 1200/- in the second case at the instance of the accused as being the sale proceeds of the stolen commodities on a statement made by him under sec. 27 of the Evidence Act. The trial court convicted the accused under sec. 380 I.P.C. and sentenced him to one years rigorous imprisonment in each case. On appeal by the accused, his conviction and sentenc

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