1981 INSC 0149
                                              Amar Singh and Others

                                                           Vs

                                             State of Madhya Pradesh

                                        Criminal Appeal No. 237 of 1981

                                        (Syed M. Fazal Ali, A. N. Sen JJ)

                                                      06.03.1981

                                                        ORDER

1. We have heard counsel for the parties and after going though 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, IPC. We therefore alter the conviction of the appellants from one
under Section 395, IPC to that under Section 412, IPC 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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