JUDGMENT :

V. Gopalaswamy, J. - The facts giving rise to this revision may be briefly stated as follows:

On the night 20/21-2-1982 at village Barakhama (within Balliguda P.S. in Phulbani district) at about 1 a. m. same unknown culprits entered the house of the informant (the present, Petitioner) and committed theft of one gold Mali weighing about 4 tolas from the neck of his mother who was sleeping in the front room of the house. The informant lodged the F.I.R. about the occurrence and the police on the basis of the report proceeded with the investigation of the case and during the course of such investigation gold beads etc at the alleged stolen gold mali in separated bits were recovered from the Present opposite patty No. 1. Bijay Kumar Bastarai under seizure list Ext. 1 and the same are marked as M.O. I and conveniently referred to herein after as the gold mali, M.O. I. As accused Bijay and co-acused Uma Charan Digal went to Bhanjanagar for selling the gold mali M.O. I and as the same was recovered from accused Bijoy at Bhanjanagar the police registered G.R Case No. 49 of 1982 against the present opposite party, No. 1 and the said Uma Charan Digal and submitted the charge-sheet ag