Whether the court can convict a accused for murder if stolen property is seized from his possession?

 

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

In our judgment no hard and fast rule can be laid down as to what inference should be drawn from a certain circumstance. 

Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. “

(Emphasis supplied)

33. In the case of recovery of an article from an accused person when he stands accused of committing offences other than theft also, (in this instance murder), what are the tests:

i. The first thing to be established is that the theft and murder forms part of one transaction. The circumstances may indicate 7 that the theft and murder must have been committed at the same time. But it is not safe to draw the inference that the person in possession of the stolen property was the murderer [Sanwant Khan (supra)];

ii. The nature of the stolen article;

iii. The manner of its acquisition by the owner;

iv. The nature of evidence about its identification;

v. The manner in which it was dealt with by the accused;

vi. The place and the circumstances of its recovery;

vii. The length of the intervening period;

viii. Ability or otherwise of the accused to explain its possession [See Baiju v. State of Madhya Pradesh, (1978) 1 SCC 588].”

12. The only material which may possibly be taken against the appellant is, thus extremely weak. There is no other material on record which could even remotely be taken against the appellant. On the strength of the law declared by this Court, the appellant is, therefore, entitled to benefit of doubt.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 753 OF 2021 

TULESH KUMAR SAHU VERSUS STATE OF CHHATTISGARH

Coram: UDAY UMESH LALIT, J; S. RAVINDRA BHAT, J; PAMIDIGHANTAM SRI NARASIMHA, J.

Author: Uday Umesh Lalit, J.

Dated: February 24, 2022