The probative value of circumstantial evidence, the admissibility of extrajudicial confessions, the evidentiary value of identification of recovered stolen property, and the principles of sentencing for the offense of receiving stolen property.

1. - These two appeals : one by the State and the other filed by Mst. Pani & ors., arise out of the same judgment delivered by the Sessions Judge, Pali in Sessions Case No. 23 of 1972 : State of Rajasthan v. Prithvisingh & three others , whereby accused Prithvisingh and Budhiya have been acquitted of the offences under sections 302, 454 and 380 I.P.C. and accused Mst. Pani and Mrs. Jadav have been acquitted of the offences under s. 302 read with s. 109 I.P.C. and S. 380 read with s. 109 I.P.C. and s 554 read with s. 109 I.P.C. & 457 I.P.C. However, all the accused-persons have been held guilty of the offence under s. 411 I.P.C. Mst. Jadav has been given the benefit of the Probation of Offenders Act, whereas the p remaining three accused persons have been sentenced to three years rigorous imprisonment. The State has filed appeal against the acquittal of the accused-persons from the offences under s. 302 and s. 302 read with s 109. and sections 454, 457, 380, 454/109 & 380/109 I.P.C. whereas Mst. Pani, Mst. Jadav and Prithvisingh have filed this appeal against their conviction under s. 411, I.P.C. States appeal I was not admitted against Mst. Pani and Mst. Jadav and, therefore, States appeal stands only against Prithvisingh and Budhiya.

2. The facts of the case, briefly stated are : that Mst. Dakhu wife of Dhanraj, resident of Auwa was living in her own house as a widow. She however, took Amolak son of Birdichand in adoption. Amolak and his family were not living with her and he was doing his business at Bangalore. Mst. Dakhu engaged herself in money-lending trade. She used to lend money to the villagers on their pledging silver and gold ornaments with her. She was seen alive on October 30, 1971. On October 31, 1971, it is alleged that P.W. 1 Vasudev, Government Vaidya by profession, posted at Auwa saw accused Prithvisingh, Budhiya and Mst. Jadav entering the house of Mst. Dakhu. Thereafter, he went inside his own house. When he was on his way to his Aushdhalaya, he found the outer door of the I A Dakhus house locked. It was found locked till the morning of 1st November, 1971 On the morning of November 1, 1971, when he saw the main door of deceased Dakhus house open, he called Mst. Dakhu but there was no response. On this, he informed Mst. Shanti step-mother of Amolak, adopted son of Mst. Dakhu that the gate of Dakhu's house is open but she has not given any response to his call. Mst. Shanti also cried out her name but there was no response from inside the house. Both of them, therefore, became suspicious. They peeped into the house and found all the doors of Dakhus apartments open and the belongings of the house scattered. They then brought it to the notice of Shri Parasmal, who is a neighbour of Mst. Dakhu. Parasmal too peeped into the house and he also found the same situation. He then went and informed the father-in-law of Amolakchand, i.e. Raj Mal son of Shri Surajmal. Rajmal immediately accompanied Parasmal and they both came to the house of Mst. Dakhu. Its main gate was open. On entering her house, they found the or a and the other rooms of the house unlocked and open. When they went further, they found that Mst. Dakhu was lying dead on the right-hand side of the Sal. Both her hands were tied with a rope and her legs were tied with her own Odhana and her mouth was also gagged with her Odhana. They, therefore, concluded that somebody has ransacked Mst. Dakhus house and has killed her. Therefore, Rajmal lodged a written report marked Ex. P 1 at Police Station, Auwa. A case under S. 302 I.P.C. was registered. The police inspected the site and prepared the site inspection memo Ex. P. 2 and the site inspection plan Ex. P.3. Panchnama of the dead-body was conducted, which has been marked Ex. P. 4. The blood stained cloths found on the body of Mst. Dakhu, were taken in possession by police and the seizure memo has been marked Ex. P. 5. The autopsy on the dead body of Mst. Dakhu was conducted, which has been marked Ex. P