LODHA, J.—During the night intervening August 21 and 22, 1965, a theft is alleged to have been committed in the house of Birah Singh, son of Moher Singh Gujar, resident of Shergarh The complainant was relived of currency notes of Rs. 500/- and ornaments, utensils and clothes worth about Rs. 2500/-. First information report of the occurrence (Ex. P. 6) had been lodged by Birah Singh with the Police Station, Bayana, on August 22-1965, at 5.30 p. m. Birah Singh and his brother Daya Singh suspected Bhagwan Singh of the village Shergarh to be the thief. On August 27-1965, Mst. Moti Bai, daughter-in-law of Bhagwan Singh, told her brother-in-law Roshan, P.W.W. 4, a boy of about 13 years old, to request his father to take her to her parents house at Uncha. Bhagwan Singh agreed to it. It was decided that they would go next morning to Uncha via Dumaria Rly. Station. Bhagwansingh was employed as a labourer in a crush machine, installed somewhere near Sikandra. He proceeded on his duty in the early hours of the morning of August 28-1965. Thereafter Mst. Moti Bai, wife of Shanker Singh, and her brother-in-law Roshan, left their house. They went to the crusher machine, where Bhagwan Singh joined

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