Mulla, J.

[1] One Mohammad Urooj, a resident of Kanpur, owned and managed a tenanery on 'Kundan Road which was on the road between Unnao and Kanpur. He purchased a large number of goat hides From Gul Mohammad and Brothers of Kanpur. These hides were known by the name of "Patna Tayari" hides. About 8 or 9 days after these hides came to his tannery theft was committed in the tannery buildings between the night of 13 and 14-12-1951 and 389 hides were stolen. Mohammed Urooj made a report about this theft on the 15-12-1951.

No names were given in this report. The police registered a case under Section 380, I. P. C., but did not succeed in tracing the culprits. Sub-Inspector Shaukat Husain was in charge of the investigation. He was about to file a final report when Mohammad Urooj approached one Noor Mohammad, P. W. 3, and tried to trace the stolen hides through him. Before the final report could be accepted, the investigation was taken away from Sub-Inspector Shaukat Husain by the Station Officer Sri Salik Ram, and on 8-1-1952 he recovered 388 hides from shop No. 97/9 on Kayasthana Road, Kanpur which belonged to one Abdul Rahman.

This recovery took place at about 10 P. M. When thi