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Head Note

Indian Penal Code,1860  - Section 395 , Section 396 , Section 397

Dacoity with murder - Acquittal - Appeal against - Recovery looted property on the basis of the disclosure statements respondents - Whether adverse inference could be drawn against the accused - No - No test identification parade was held at all concerning the two acquitted respondents/accused - None of the eye witnesses, identified either of the said respondents in the court - Recovery on the disclosure statements of either of the respondents/accused persons was not in close proximity of time from the date of incident - Recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty - Supreme Court - No adverse inference can be drawn - Recoveries made on the disclosure statements of the respondents to connect them with the commission of the crime - Acquittal orders confirmed - Appeal dismissed.

Topic(s)-Dacoity with murder

Important Decision(s)- Dacoity with murder - Recovery looted property - No test identification parade - Two acquitted - None of the eye witnesses, identified in court - No adverse inference can be drawn - Acquittal.