Accused 3 and 1 are the petitioners respectively in the above cases. They were convicted and sentenced to rigorous imprisonment for six months by the Stationary Sub-Magistrate, Cuddapah, for an offence under section 411, Indian Penal Code. In appeal, the Sub-Divisional Magistrate, Cuddapah, confirmed the convictions and sentences.

On 27th November, 1946, between 7 and 8 p:m. there was a theft of gold and diamond jewels, cash and other properties of the value of about Rs. 10,000 in the house of one Rao Sahib K. Venkatesah Chetti in Cuddapah Town. The Circle Inspector of Police on receipt of information, investigated the case. In the course of the investigation, he recovered M.Os. 1 to 4 from the tank bund on the 28th November, 1946. The next day he had the tank searched as a result of which he recovered M.Os. 5 to 38. He suspected the 1st accused who was traced and arrested on 18th December, 1946, and he made a statement in consequence of which M.Os. 39 to 62, 72 to 82, 85 and 86 were recovered from a pit adjoining the pial of the house of accused 3. Accused 3 was then arrested and on information furnished by him M.Os. 63 and 64 were recovered from a pit under a flower pot in th