Supreme Court · 2001 INSC 611 · Decided 14 December 2001
Limbaji and Others v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2001 INSC 611 · [2001] SUPP. 5 S.C.R. 672
- Case number
- CRIMINAL APPEAL No. 1120/2000
- Decided
- 14 December 2001
- Bench
- R.C. LAHOTI, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 411, 34; Evidence Act Section 114(a), 27
Headnote
Evidence Act, I 872 : Section JJ4 with illustration(a)-Presumption-Accused prosecuted.for murder and robbery-No direct evidence for commission of offence-Recovery of incriminating articles of deceased at the instance of accused-Trial Court convicting under Sel'tion 4Jl /PC-However, Hi11h Court appeal held: Evidence proved that accused conunitted th~ft of articles.from person of the deceased after causing bodily injury and accused not merely receivers of D stolen articles-Booty distributed between the accused persons-Shared com­ mon intention to commit robbery-Hence presumption can
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