SHIV DAYAL SHRIVASTAVA, J.

( 1 ) THE petitioner was convicted under Section 411 of the Indian Penal Code by the additional Magistrate First Class, Gwalior, and sentenced to three months R. I. The conviction and sentence have been upheld by the Additional Sessions Judge, gwalior.

( 2 ) THE case for the prosecution was that in the night between the 7th and the 8th may, 1956, a theft was committed in the house of Mohanlal Dabra Mandi. A report was lodged to the police at 6. 30 A. M. on the 8th May by Mohanlal and a list of property was also submitted by him (that is Ex. P2 ). In connection with that theft, nazir Singh petitioner was arrested on May 11, 1956 by Udaya Bhan Singh (P. W. 1) Station Officer Police, Dabra, The same day, he was transferred to Lashkar kotwali. There he gave an information (memo Ex, P8) on which, and at his instance, three articles were recovered from the possession of Saublwgmal (P. W. 2) as per memo. Ex. P6. The allegation was that the petitioner, under a fictitious name kartar Singh, sold those stolen ornaments to Saubhagmal for Rs. 175/- as per entry in his bahikhata (Ex. P5) on which according to the prosecution there was a thumb impression of the accused

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