SHEONATH Vs. THE STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE only question which arises in this appeal by special leave is whether the appellant, Sheo Nath, should be convicted under Section 396, I.P.C., or Section 411, I.P.C., or Section 412, I.P.C. The facts as found by the High Court are these. A dacoity was committed 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. During the course of the dacoity Ram Murat was injured. One Pancham, who lived in a house not far from Ram Murat's shop, and two others came running on hearing the noise. Pancham was shot down with the gun by dacoit Ram Shankar. The dacoits then escaped with clothes, ornaments, cash, etc., looted from Ram Murat's shop. After the dacoits left Ram Murat dictated a report about the occurrence in which he 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.

(2.) 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 Murat's shop in the dacoity.

(3.) THE learned Counsel for the appellant contends that in the circumstances of the case the High Court should not have convicted the appellant under Section 396, I.P.C.; but only under Section 411, I.P.C. Section 114 of the Evidence Act and illustration (a) read As follows: