AIR 2006 MADRAS 473 ::AIROnline 1996 SC 457 ::1997 (3) SCC 525 ::1997 SCC (Cri) 506 ::1997 (2) Jab LJ 162 ::1997 (1) All Cri LR 555 ::1997 (1) All CJ 668 ::(1996) 4 SCJ 580

Supreme Court Of India

Hon'ble Judge(s): A. S. Anand, K. T. Thomas , JJ

Penal Code (45 of 1860) , S.396, S.411— Dacoity with murder or receiving stolen property - Proof - Accused was found in possession of one silver ornament of the girl murdered in the incident not immediately after murder but within two days of the dacoity - He was openly moving about with the ornament - No evidence to show that he was in possession of other stolen property also - His possession would be that of receiver of stolen property with requisite knowledge - His conviction would be liable to be altered from one under S. 396 to one under S. 411 of the Penal Code. (Para 11 12)