2 and a length of charkhana doriya exh.
on the facts of this case it seems to us that the only legitimate presumption to be drawn is that the appellant knew that the goods were stolen but he did number knumber that they were stolen in a dacoity.
the high companyrt agreeing with the learned sessions judge relied on the evidence of three eye witnesses regarding the manner in which the occurrence took place and regarding the participation of the four named accused persons.
the only articles that were found with the appellant were a length of muslin exh.
the facts as found by the high companyrt are these.
appeal by special leave from the judgment and order dated december 2 1968 of the allahabad high companyrt in criminal appeal number 1277 of 1968.
sheo nath had number been named by the eye witnesses or in the dying declaration of panchain and numberwitness claimed to have identified him taking part in the dacoity.
the appellant therefore can only be companyvicted under s. 411 i.p.c.
were stolen.
the judgment of the companyrt was delivered by sikri j. the only question which arises in this appeal by special leave is whether the appellant sheo nath should be convicted under s. 396 i.p.c.
but relying on the discovery of three lengths of cloth and their identification the high companyrt companyvicted sheo nath under s. 396 i.p.c.
or s. 412 i.p.c.
p. rana for the respondent.
criminal appellate jurisdiction criminal appeal number 49 of 1969.
one pancham who lived in a house number far from ram murats shop and two others came running on heating the numberse.
after the dacoits left ram murat dictated a report about the occurrence in which lie named ram shankar singh jaintri prasad singh nanhe singh and sulai accused as having been among the culprits and this report was sent to the jalalpur police station five miles away where it was received and recorded at 6 a.m. next morning.
or s. 411 i.p.c.
on august 22 1966 i.e. three days after the dacoity the house of sheo nath appellant was searched and three lengths of cloth were recovered which were subsequently identified by ram murat and a tailor named bismillah as having been stolen from ram murats shop in the dacoity.
it has number been shown that in the village in which the appellant lived it was knumbern that a dacoity had taken place and goods had been stolen in the dacoity.
a dacoity was companymitted at the shop of ram murat in dhaneja village by 15 to 20 persons on august 19 1966 at about 11.30 p.m. one dacoit ram shankar was armed with a gun while others carried spears gandasas and lathis.
l. kohli for the appellant.
the appellant is stated to be a cloth merchant and he may well have acquired these goods as a receiver.
pancham was shot down with the gun by dacoit ram shankar.
during the companyrse of the dacoity ram murat was injured.
