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