Recent and unexplained possession of stolen property can be evidence of both robbery and murder when they form part of the same transaction.

1. The appellant, who is the accused in Sessions Case No. 41 of 1972 of the Sessions Court, Palghat, has been convicted and sentenced to life imprisonment under S.302 of the Indian Penal Code for causing the death of one Akkamma by hitting her on her bead with M.O.1, a big granite stone, some time after 9.30 p.m. on 19-4-1972 and before the sunrise on 20-4-1972. He was also convicted and sentenced to ten years rigorous imprisonment under S.392 I.P.C. The sentences were directed to run concurrently.

2. The appellant aged about 25 years is a resident of Sreekrishnapuram village. Deceased Akkamma, aged 33, also belonged to that village. They are members of Harijan community who eked out their existence working as labourers. pw.1 is the elder sister of Akkamma and pw. 4 is the son of pw. 1. Akkamma lived with pw.1 in the same house, but pw. I had no control over her. Akkamma led a licentious life taking to drinking and prostitution. Often she was found lying in an unconscious condition due to excessive drinking. Whenever persons found fault with her regarding her conduct, she used to abuse them and so on such occasions they used to leave her alone. However, she had some jewels which she wore habitually on her person M.O.9 gold chain, M.O.11 pair of ear studs, M.O.12 ring and M.O.13 silver waist band were those few jewels which she had on her person when she came. out of the house of pw.1 after taking meals in the afternoon of 19-4-1972.

3. On the next day morning the deal body of Akkamma was found lying with bead injuries near a fence on the northern side of one Poozhikalem paddy land almost naked, M.O.1 granite blood-stained stone lying by her side. On receiving information, pws. 1, 2, 4 and 5 cams running to the spot when they found Akkamma lying dead at the spot in the condition described above. Ali her jewels were found missing from her body. On seeing the ghastly sight, pw.1 went to the Cherpalacherry police station, which is 12 K.m- east of the place of occurrence, and lodged Ext. P1 first information statement at 11.00 am. with pw. 15 Sub Inspector. On registering a crime pw. 16 Inspector lookup investigation forthwith.

4. pw. 16 arrived at the scene at 1.00 p m. when he held inquest over the dead body. During the inquest he questioned Pws.l, 4 and others. On questioning them, it was revealed that deceased Akkamma had taken bath along with pw. 2 at a water-stream in the evening of 19-4-1972 when M.Os. 9,11,12 and 13 jewels were seen worn by Akkamma on her person. Thereafter pws. 2,4 and S met the appellant at about 9.30 p.m. on the same day in the company of another person at the place of occurrence. pws. 2,4 and 5 were then going to attend a drama and they passed along the pathway which was within about 45 feet from the place where they saw the appellant and another person who was lying down. On seeing them the appellant came near them and asked them for snuff. While so they asked the appellent who was the other person lying there. The appellant told them that Akkamma was lying there drunk in an unconscious condition- pws.2, 4 and 5 knowing her conduct, however, did not care to go near that person and ascertain who it was. Thereafter pws. 2, 4 and 5 went away to their destination.

5. On 20-4-1972, the day after the incident, the appellant pledged M. 0.9 gold chain for Rs. 55/- in the branch of the Canara Bank at Sreekrishnapuram, of which pw. 8 was the Manager, and pw. 10 the gold appraiser, on execution of Ext. P4 agreement and Ext. P5 pronote. Until 30 41972, the appellant was not available for arrest as he was not in the village. On that day be was arrested by pw. 15 at Cherpalacherry

which is another village. On search of his body Ext. P6 token was recovered together with Rs. 4/- in cash. That he pledged M. 0.9 in the Canara Bank was traced through Ext. P6 token which showed the loan number, the amount for which M. 0.9 was pledged, the name of the person, as well as the bank at which it was pledged, including th