JUDGMENT

THOMAS, J. - The appellant was convicted of dacoity with murder and was sentenced to death by the Sessions Court. On appeal before the High Court of Madhya Pradesh, the conviction was upheld but the sentence was reduced to imprisonment for life. He has filed this appeal by special leave. The question which has narrowed down in this appeal, in the light of concurrent findings on facts by the two courts, is whether a presumption could legally have been drawn against the appellant for dacoity and murder on the strength of his possessing one of the stolen articles two days after the occurrence.

2. For considering the aforesaid crucial point, we may set out, briefly, the facts : On 11-10-1988, one Sunder Lal (PW 8) was proceeding from his village (Nagan Deori) on horseback to Kerpani Village (Madhya Pradesh) with a herd of pigs. His twelve-year-old son Lakhi Ram (PW 10) and twenty-year-old daughter (Laxmi Bai) were also accompanying him on foot. As they reached the jungle area (Gadarvada Dehat) five persons emerged from the interior and stopped the passengers. One of the five, who was armed with a gun, pointed the weapon on the chest of Sunder Lal (PW 8) and demanded him to surr