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Amar Singh and ors. Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 237 of 1981
Judge
Reported inAIR1982SC129; 1982CriLJ610; (1982)3SCC214
ActsIndian Penal Code (IPC), 1860 - Sections 395 and 412; Evidence Act - Sections 114
AppellantAmar Singh and ors.
RespondentState of Madhya Pradesh
Excerpt:
.....were recovered very soon after the dacoity had taken place and had been proved to have been stolen in the course of the dacoity, the case of the appellants clearly falls within the ambit of section 412, i......proved to have been stolen in the course of the dacoity, the case of the appellants clearly falls within the ambit of section 412, i.p.c. we therefore alter the conviction of the appellants from one under section 395, i.p.c, to that under section 412, i.p.c, and reduce the sentence from four years to two years rigorous imprisonment. fine to be maintained. out of the sum of the fine, the entire amount shall be paid to the complainant.2. with this modification, the appeal is disposed of.
Judgment:
ORDER

S. Murtaza Fazal Ali, J.

1. We have heard counsel for the parties and after going through the judgment of the courts below we are satisfied that this was not a fit case in which the appellants could have been convicted on the basis of presumption (under Section 114 of Evidence Act) under Section 395 of the Indian Penal Code. As however the articles were recovered very soon after the dacoity had taken place and had been proved to have been stolen in the course of the dacoity, the case of the appellants clearly falls within the ambit of Section 412, I.P.C. We therefore alter the conviction of the appellants from one under Section 395, I.P.C, to that under Section 412, I.P.C, and reduce the sentence from four years to two years rigorous imprisonment. Fine to be maintained. Out of the sum of the fine, the entire amount shall be paid to the complainant.

2. With this modification, the appeal is disposed of.


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