JUDGMENT 1. This is an appeal by one Asvini Kumar Roy, who has been convicted under sec, 411, I. P. C, of dishonestly receiving stolen property and sentenced to eight 'months' rigorous imprisonment. The facts of the case are these. Certain ornaments were stolen from a prostitute on the 21st April 1904. The property consisted of 2 anantas 2 ballas and 1 har or necklace. The property was stolen by one Pauna Lall alias Pran Nath Rai and another person Ram Kisson Das. Panna Lall is the cousin of Satya Charan, who is the son-in-law of Asvini Kumar Roy. 2. The facts against the Appellant, Asvini Kumar Roy, are that he was found in possession of the ornaments three days after the theft, that he went to the village of Dawahatta, which is near the place where he resided in the Hughly District, and offered the ornaments for sale to one Annada Prosad Chatterji. This witness purchased the 2 ananatas and the har for Rs. 243 which is not-shown to be below their proper value. Subsequently the Appellant disposed of the 2 ballas to one Hari Charan Ghose, who is a cloth-dealer, for Rs. 95. The ballas were, however, delivered to the witness on payment of Rs. 50 in cash. These are the circumstances against the Appellant. They appear to us to" form grounds for very grave suspicion against him. He is the father-in-law of Satya Charan, the cousin of Pran Nath Rai, who was the thief. He was found in possession of the stolen property three days after the theft. He disposed of them in a somewhat suspicious manner, because there was no apparent necessity for his going to the village of Dawahatta, when he might more easily have disposed of the ornaments in Calcutta. Then, there does not appear to have been any great necessity for selling the ballot to a cloth-dealer, instead of to a jeweller. Still, we must admit that the evidence is not conclusive against the Appellant; and in these circumstances we do not think that the conviction can be sustained. We accordingly set aside the conviction and sentence and direct that the Appellant be discharged.