BHOLE,J. - (1.)THE State has come here in appeal as well as in revision from an order to acquittal passed by the Judicial Magistrate, First Class, (Fourth Court), Nagpur, against two accused -respondents under Sections 457 and 380 of the Indian Penal Code, The revision application is with a prayer that the sentences inflicted by the learned Magistrate for the offence under Section 414, Indian Penal Code against accused No. 1 and under Section 411, Indian Penal Code on accused No. 2 should be enhanced. They were sentenced to simple imprisonment till the rising of the Court.
(2.)BOTH the accused were charged with an allegation that they had committed house -breaking by night between April 28, 1967 and April 29, 1967 by entering into a house where some articles of Shardabai were kept. It is alleged that they had committed theft of her articles there. Shardabai's husband who was working in the Mental Hospital at Nagpur had died and, therefore, she had to vacate her husband's premises. She had, therefore, gone out to stay but had kept her articles including her suit -case consisting of clothes and golden ornaments in the house of a friend by name Chhaglani, who was an employee working in the Mental Hospital and was staying in the quarters provided for the employees of the Mental Hospital. On April 28, 1967 Chhaglani had gone out of Nagpur to Bombay having locked his house when he had requested his neighbour Mr. Gadgil and some others who were staying nearby to look after his house. Mr. Gadgil and some others found on April 29, 1967 the back door of Chhaglani's house open. They suspected theft. They found that a theft had been committed in the house. The police were immediately informed about this. The police reached the spot and found that the back door of the house of Mr. Chhaglani was broken open and theft committed in the house.
An investigation therefore was started. The suit -case as well as some clothes were discovered in consequence of the information given by accused No. 2. The suit -case was discovered in the house of accused No. 2 on May 6, 1967 and the clothes were discovered in a drain behind the house of accused No. 2 on May 7, 1967. The suit -case and the clothes were identified by Shardabai to be of her husband. In consequence of the information given by accused No. 1 a golden chain and a ring and Mangalsutra were also recovered from one goldsmith by name Nathu Mahadeo on April 80, 1967. In consequence of accused No, 1's information, a gold Doric and two gold beads were also recovered from one John with whom these ornaments were pledged by accused No. 1 on or about May 8, 1967.

(3.)AFTER the necessary investigation, a charge -sheet was sent against both the accused. Both the accused have blamed John for having committed the offence. Accused No. 1 has stated that he had a quarrel with John on account of some hen and according to him John had committed this theft. Accused No. 2 also has stated that he had a quarrel with John and that John had committed the theft and not he.