Short Note : At about noon time on 5-4-1977, Badri (P.W.1), a resident of Ramgarh, police-station Bairad, District Shivpuri, was grazing his goats near the Hanuman temple on the outskirts of his village when he came across the petitioner Shahzad Khan. The petitioner drank water from the well nearby and went away. In the meanwhile the goats of Badri (P.W.1) stayed away yet not far off from him. When he collected them in the evening, he found two goats missing. Since a search for them did not bear any fruit, he reported the matter at the police-station Bairad on the following morning vide F.I.R. (Ex.P-1) giving therein full description of the missing goats. As his luck would have it, the petitioner Shahzad Khan and his associate Basanta were caught by the police that very day while they were on their way to Gwalior presumably with a view to disposing of the two goats which they had with them. The goats were therefore seized then and there as per seizure memo (Ex.P-4). Held : It is an established fact that somebody committed theft of two goats belonging to Badri (P.W.1) and the same were seized the very next day from the possession of the petitioner and his associate Basanta. The petitioner could not give any explanation muchless satisfactory as to how he came by the stolen goats. It was suggested to Badri (P.W.1) that in the course of a drinking about at the house of the petitioner Shahzad Khan, the former had goaded the latter to commit a dacoity in the house of one Kachhi at village Narwar; the petitioner not only declined to do so but also reported the matter to the police. It was urged that because of this the petitioner was falsely implicated into this case. The suggestion was dismissed as false by Badri (P.W.1). What is more, no attempt was made to get the report produced if at all one was made. The presence of the petitioner at the well before the incident of theft coupled with the seizure of the stolen goats from his possession and his failure to explain how he came by them lead but to one conclusion namely that he was one of those who committed the theft of these goats. No exception can, therefore, be taken to his conviction under section 379, IPC. Revision dismissed.