The unexplained recent possession of looted property by the accused led to the inference that they committed dacoity and murder with dacoity, and the presumption under Section 114a Evidence Act applied against the accused under Section 412 I.P.C.

R.P. Gupta, J.

1. The State has felt aggrieved from judgment dated 21-8-86 of Addl. Sessions Judge, Murwara in S.T. No. 101/83. The respondents were acquitted of the charges of dacoity and murder committed by them in the night between 27 and 28 September, 1982 at mid night in the house of PW 3 Ramkishore. They were armed with ilathies, Kodas and fire arms, broke-in to the house by breaking the doors of the house and attacked Ramkishore and his wife Sushila causing injuries to them. Sushila died as a result of those injuries on 6-10-82. The dacoits looted silver and gold ornaments, cash and other articles from the house. They fired shots by fire arms to cow-down the inmates of the house and neighbours and used blunt weapons to cause injuries to them. Respondents 8, 10 and 11 were charged with receiving and keeping stolen property knowing it to have been stolen. Other respondents were charged for offences punishable under Sections 395 396 397 I.P.C.. Out of these 11 respondents, respondent 6 Lalu died during the pendency of the appeal and the appeal against him has abated.

2. The FIR was lodged by Ramkishore (PW 3) at 1.40 p.m. at P.S. Barahi. He was sleeping in the Parchhi of the house while his wife Sushila was sleeping in the inner room of which the doors had been chained from the outside. At about mid night he noticed 3 persons tying his feet. He woke up and sat down. One person was lighting a torch and another was tying his feet. The third was hitting him with a hunter (koda). Then 2 persons entered the room after opening the chain. One person ran out of the house and exploided some bomb and again approached him and started hitting him. After this man went to some distance, Ramkishore opened his rope and ran to house of Bare Gond. Alongwith Bare Gond he went to the Basti of Dhimars and returned alongwith about 20 persons. He then saw 3 persons running towards the village. Many other persons from the village had also come there and they chased the miscreants but returned without catching anybody. On returning home he noticed his wife tied with rope and was bleeding from her head. Rope had been tied around her neck also and she was unconscious. The box was found open and ornaments of gold and silver were found missing. He gave details of some of the ornaments. These consisted of 4 types of gold ornaments including a number of rings, Mohars, Gunj. There were 5 types of ornaments of silver and 1 wrist watch. According to him the dacoits entered the house of his nephew Gulab also and articles and ornaments were looted from there. He claimed that he could identify the miscreants and ornaments. Thus, no accused was named in the FIR.

3. The ornaments which had been looted from Ramkishore's house were one mohar weighing one tola, 4 Adhiya 1/2 tola each in a black thread, payal sathi 2 pairs, one pair dora, Ganga-Jamna Churi -1 pair, one pair small Khagga, 1 silver bagaliya, 1 sutiya silver, 2 pairs Banvariya, Gunj 2 lari 6 tola, Jhumka 1 tola, 3 gold adhiya out of which 2 weighed 1/2 tola each and 1 weighed 3/8 tola, 2 pairs payal, one pattidar sathi, silver new kardhan 581 1/2 tola, 12 lachha 4 tolas each, 10 big lachhas, 6 small lachhas, 14 coins of silver of which 13 were of one hook and 1 was with 2 hooks, kardhan Makri silver, kardhan chaurasi, 3 taar ki 3 pairs churi, Gajariya 2 pairs, 1 gold taviz, 1 Aana weight Nathni, Chhota dora, Navgrahi 1 pair and others.

4. Ramkishore asserted in his testimony that at the time of FIR he was in extreme nervous state and he could not give all the details of looted property. The details of gold ornaments given by him in the FIR were; one gold Gunj 2 Lar vali weighing 6 tolas, 4 Adhiya gold threaded in a thread, 1 mohar gold, one pair Jhumka gold; one Kaddora silver which he got made from Narayan goldsmith 98.5 tolas, one pair of silver payal 12 tolas, 1 pair of child payal, one pair of small chaurasi 1 Lar vali, 12 lachhas silver old 3 taar vali weighed 40 tolas, 1 wrist watch Camy 29