Supreme Court · 1969 INSC 285 · Decided 15 October 1969
Sheo Nath v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 1969 INSC 285 · [1970] 2 S.C.R. 796
- Case number
- CRIMINAL APPEAL No. 49/1969
- Decided
- 15 October 1969
- Bench
- S.M. SIKRI, P. JAGANMOHAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 411, 396; Evidence Act Section 114
Headnote
B Evidence Act, (1 of 1872)-Section 114 illustration (a)-Recovery froni nppe/lant's shop of cloth stolen in dacoity-Conviction under- s. 396 1.P.C. solely based on discovery of cloth and their identification-J11- fere11ces 10 be dran·11 under s. 114. Evidence Act. 1-he house of the identified as C having been s.tolcn from a shop in a dacoity in Vii'hich clothes, ornaments, ca:;h etc. were stolen. The appellant was not named by the eye.witnesses cir in the dying declaration as having taken part in the dacoity. Relying on the d!scovery o"f the cloth and their
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