B. K. CHATURVEDI, J.

( 1 ) THIS is a revision against an order af acquittal passed by the Magistrate Second class, Jabalpur in Criminal Case No. 330 of 1957.

( 2 ) THE non-applicant No. 1 Bhagwandas was charged under Section 454, Indian penal Code, for committing theft on 4-4-1956 in the house of one Kashiram Kurmi of Barela (applicant here ). The police, during the course of investigation, on suspicion, had searched the house of the accused-non-applicant No. 1 and found some ornaments, i. e. , four gold mohurs in a kantha and one gold tabiz along with currency notes of Rs. 390. This property was seized and the complainant claimed it to be his own which was stolen. There was no other evidence in the case, and the success of the prosecution hinged on the question : whether the property recovered from the house of the accused non-applicant No, 1 was his own, or was that of the complainant? The complainant produced several witnesses, including a goldsmith, parmalal (P. W. 7), to prove that the property seized belonged to him and that it was stolen from his house on the material date. The accused-non-applicant No. 1 claimed the property to be his own. The learned Magistrate in his judg

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