Supreme Court of India · 1969-10-15
SHEO NATH vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 1969/60019
- Court
- Supreme Court of India
- Petitioner
- SHEO NATH
- Respondent
- THE STATE OF UTTAR PRADESH
- Bench
- SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the conviction of the appellant under Section 396 IPC was not justified based solely on the recovery of cloth identified as stolen in a dacoity. The Court found that while the appellant may have known the goods were stolen, there was insufficient evidence to prove he was involved in the dacoity itself. The Court concluded that the appropriate conviction should have been under Section 411 IPC, as the appellant's knowledge of the goods being stolen did not extend to their theft during a dacoity. The appeal was allowed, and the conviction under Section 396 IPC was set aside.