JUDGMENT :- This is an appeal preferred by the State against the order of acquittal by the Sub-Divisional Magistrate, Kandukuru in C. C. No. 38 of 1951.

2. The facts are : On the night of 24-4-1950 at Ayyanakota there was house-breaking by night and theft in the house of P.W. 1 Venkatasubbiah. This burglary was discovered by him the next morning. It was then found that the big wooden chest or Bhoshanam box had been broken open and the boxes M.O. 1 belonging to P.W. 1 and M.O. 2 belonging to the son-in-law of P.W. 1 viz., P.W. 2 and 3 boxes M.Os. 3 to 5 belonging to P.W. 3 and valuable jewellery and clothing of the family of P.W. 1 and the clothes left for safe custody by some shepherds had been removed from that Bhoshanam Box. P.W. 1 found 3 or 4 chains away from his house some of these opened boxes which he identified as those kept in the chest. Then P.W. 1 went to inform the Triune Officer P.W. 6 who was in the field who visited the scene of offence and got a report Ex. P1 made out in the hand-writing of P.W. 2 and which has been signed by P.W. 1. P.W. 6 then sent the usual reports to the Police and the Magistracy. P.W. 12, the Sub-Inspector of Police, Pamur, reached the scene of offence at 8 A.M. on 26-4-1950. The boxes which were found lying broken open viz., M.Os. 1 to 5 at distance from the house of P.W. 1 and the lock of the Boshanam box M.O. 6 were seized. P.W. 1 gave a supplemental list of properties lost. P.W. 10 Venkiah who had been deputed by P.W. 1 to trace the footsteps leading from P.W. 1s door step returned saying that the footsteps led to Narappa Reddis well where he found a silver Kunkama. Bharani (M.O. 10) and a silver tin for keeping, the katuka (M.O. 9) and from inside the well an aluminium vessel M.O. 11. P.W. 10 finally lost the footsteps on reaching Pichollakonda. P.W. 12 took these M.Os. 9 to 11 into custody.

3. The investigation in this case led on information received to recoveries of properties from the four accused persons in this case viz., India China Lingiah, Gundalatoti Poliah, India Polugadu and Jayampu Musaligadu, all of Mar-kondapurarn. I shall deal with these recoveries-in the next succeeding four paragraphs.

4. An 29-4-1950, P.W. 12 arrested accused 1 under a Mahazar Ex. P-5 in Yellapaneni Bodu. Accused 1 took out of the Bodu, silver tumbler (M.O. 8), a silver Uddarani (M.O. 12), two silver spoons (M.O. 16), two silver tins, a red : bordered cloth (M.O. 17), a snow bottle (M.O. 14) and a powder tin M.O. 15. P.W. 12 seized them under a mahazar Ex. P-6 in the presence of mediators P.W. 5 Guruvareddi, the village Munsif of Markandapuram and others.

5. On the same day P.W. 12 arrested accused 2. Accused 2 produced cash of Rs. 1223 which was contained in a small brass box (M.O. 20) and a bloth puch M.O. 21. P.W. 12 seized these articles under a mahazar Ex. P-7.

6. On 1-5-1950 P.W. 12 proceeded to Ongole where he examined one Boggavarapu Brahmiah (P.W. 7) who produced a bar of gold (M.O. 23) weighing 14 sovereigns and ten silver bars (M.Os. 22 to 22-j) weighing 142 tolas saying that one Matam Krishniachetty of Podili had sold some gold and silver jewels for Rs. 1227, that the vendor gave a receipt Ex. P-12 for the cash and that the jewels both silver and gold had been melted into bars P.W. 12 seized M.Os. 23, 22 to 22-J under a mahazar Ex. P-13 in the presence of the village Munsif of Ongole K. Kotiah P.W. 8 and another.

7. On 29-5-1950, P.W. 12 arrested accused 3 at Ayyanacheruvu and seized from his person some clothing M.Os. 7 and 13 under a mahazar Ex. P-8.

8. On 4-7-1950, P.W. 12 arrested accused 4 near Adivena Boda when some clothing M.Os. 17 and 18 were recovered from him (accused 4) under a mahazar Ex. P-10.

9. P.W. 4, U. Varadayya one of the shepherds who had kept some clothing in P.W. 1s house identified M. Os. 17 to 18 as his lost clothing and P W. 1 identified M. Os. 8 to 11 as his properties which had been stolen. P W. 2 identified M.O. 12 and P.W. 3 identified M.Os. 14 to 16.

10. On