2001 Supreme(SC) 1684

SUPREME COURT OF INDIA
R.C. LAHOTl AND P. VENKATARAMA REDDl, JJ
LIMBAJI AND OTHERS Appellants
Versus
STATE OF MAHARASHTRA Respondent

Criminal Appeals Nos. 1120-21 of 2000
Decided on December 14, 2001

Headnote:A. Evidence Act, 1872 - S. 114 - Presumption of fact under - Nature - Illustrations are not exhaustive - Moreover, presumption is rebuttable by the person who is subjected to the rigour of that presumption

       B. Evidence Act, 1872 - S. 27 - Theft of ornaments worn by deceased - A gold earring found to have been sold by A-I to a jeweller on the very next day of the incident and the same recovered from him by police at the instance of one of the accused - Other stolen ornaments recovered by police from fields of others and from a spot on the roadside on the basis of statements made by accused persons that they had concealed those articles there - Evidence of recovery of the ornaments on the basis of confessional statements of accused, held, covered by S. 27