1. The applicant Gotaram has filed, this revision against his conviction under sections 457 and 380 IPC and sentence of 10 months R.I. on each count recorded by the trial Court and confirmed in Cr. Appeal No. 126 of 1976 by learned Additional Sessions Judge, Barwani.

2. It is not disputed that theft of certain utensils was committed from the Forest Rest House. Khadkiya, after housebreaking by night. The FIR was lodged by the Range Assistant Govindsingh (PW-12) on 8.3.1970. The applicant on being arrested gave information under Section 27 of the Evidence Act vide Ex.P-1 leading to the recovery of one spoon, one glass and one Katori from the possession of co-accused Kailash with whom these articles were kept by the applicant. These articles have been identified as having been stolen from the Forest Rest House.

3. The question for consideration is whether the applicant was rightly convicted for the offence under section 457 and 380 IPC. There is no direct evidence against the applicant to prove that he committed the theft after housebreaking by night. In all 64 utensils were stolen from the Rest House out of which only 3 articles were recovered from the applicant after a per