V. N. Varma, J.

1. THIS revision is directed against an order dated 20-3-1976 passed by the Additional Sessions Judge, Saharanpur, confirming the conviction and sentence recorded against the applicant under Section 411 IPC.

2. AT the relevant time (August, 1973) Abdul Shakoor PW 1 owned a tube-well with a transformer fixed therein. On the night of 4/5th August, 1973 a theft was committed at his tube-well and ail the copper wire present on the body of the transformer was removed therefrom. Several other things, namely, a Parat, a lota, a tumbler and a Katori (all made of brass) were also found missing. One bag having a cross-mark on it was also not found there. On the lota and the tumbler the name of Abdul Shakoor had been engraved. Abdul Shakoor collected some of his friends and left for Sarrafa Market of Saharanpur in search of the articles which he had lost. In the Sarrafa Market he visited almost all the shops and ultimately came across a person having a bag with a mark of cross on it. He identified that bag to be his. He also saw a person bargaining for sale of the articles contained in that bag. He left behind some of his friends, namely Chandrabhan and Chaman Lal to k