The Supreme Court on Monday ruled that an accused in possession of a stolen property could not be assumed to be the murderer of the victim. The appellant, in this case, was charged with the offences of theft and murder. He was convicted by the trial court and was given death penalty, but the High Court commuted the death penalty to life imprisonment.
The sole evidence was the recovery of stolen article from his possession. The apex court, while setting aside the conviction of the accused, laid out an eight-point test to be applied in cases involving recovery of stolen items from accused persons.