R. K. DAS, J.

( 1 ) THIS is a complainant's appeal against an order, dated 11-7-1963 passed by the sub-divisional Magistrate, Bhubaneswar, acquitting the respondents of an offence under Section 411, Indian Penal Code.

( 2 ) ACCUSED Dayauidhi is the Manager and accused Ganesh is an employee of messrs. Patnaik Industries (P.) Limited, Bhubaneswar. P. W. 1, Sudhakar Das, is the managing director of another concern known as Orissa Concretes Products ltd. , near about the above firm at Bhubaneswar. On 17-6-1961, P, W. 1 came to know that some high-tension steel wires had been stolen from their factory. On 16-6-1961 at about 8 in the morning, P. W. 1 went to the factory premises of patnaik Industries and found one coil in their store which he identified as their coil. Accused Dayanidhi was then absent from the factory. So P. W. 1 went to his residence and informed him that one of their missing coils was found in the premises of Patnaik Industries. Dayanidhi felt surprised and promised to look into the matter. Sometime after though Dayanidhi came to the factory, he avoided to cooperate with P. W. 1 when the latter wanted to see their stores. So P. W. went to the Police station and lodge