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PETITIONER: WASIM KHAN
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH.
DATE OF JUDGMENT: 12/03/1956
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. AIYAR, N. CHANDRASEKHARA
CITATION: 1956 AIR 400 1956 SCR 191
ACT: Possession, recent and unexplained of stolen goods- Presumptive evidence against prisoner not only of robbery but of murder as well.
HEADNOTE: The appellant was sentenced to death for the murder of one and also sentenced to seven years rigorous imprisonment for having robbed the murdered man of his goods, It was established by the evidence on the record that the deceased, a shop-keeper of village Jarwal had gone to Lucknow to purchase goods for his shop. On his return journey he got down from the train at about 10 p.m. He had with him a box, a balti, a gunni bag and a jhola and other things. He engaged the appellant’s cart to take him and his goods to his village. Two other persons also got on to the cart. Neither the deceased, nor the articles which were with him nor the cart reached Jarwal. In the morning the body of the deceased was found near a bridge in the vicinity of Jarwal. During investigation on the fourth day after the occurrence the appellant gave the key of his kothri to the police and from the kothri, a dhoti, a box, a balti, a chadar, a gunny bag and a jhola were recovered which were i...