Law:

Section:

  Evidence Act (I of 1872), S. 27-Covers only "part" of statement leading to discovery.   Penal Code (XLV of 1860), S. 411-Discovery of stolen property at pointing out of accused "from a thick bush at call's distance from his house"-Accused not explaining how he came by his knowledge of place of recovery-Property presumed to be in "possession" of accused.   Sher Muhammad v. Emperor A I R 1945 Lah. 27 rel.   Das Ram Gehlaram v. Emperor A I R 1941 Lah. 471 and Emperor v. Buta Singh A I R 1917 Lah. 48 ref.  JUDGMENT   The appellant Jiando son of Yaqub has been convicted by the Additional Sessions Judge, Tharparkar, of an offence under section 411, P. P. C., and sentenced to 2 years' rigorous imprisonment.   Between the night of the 1st and 2nd September 1960 a theft took place in the houseof the complainant Khan Muhammad in which certain clothes and his licenced gun with the leather belt of cartridges were stolen. The theft was discovered in the morning and two broken trunks containing the clothes were found in a field nearby. Nobody saw the thief. The report was made of this theft at the Shahdadpur Police Station at 10 a.m. on 2-9-60. For more than two months no clue of this theft was found by the police who had in fact written it off as an undetected crime. However, on 10-11-60 A. S. I. Abdul Ghafoor got information through a sepoy that the appellant was concerned in this theft. The police tried to apprehend the appellant but he was not found until 21-12-60 when the A. S. I. learnt that he was at the Shahdadpur bus stand. The A. S. I. reached there with police force and arrested the appellant. The appellant after having been arrested offered to produce the stolen gun and the belt of cartridges and stated that he had concealed them by the side of Jam Minor. He then led the police and the mashirs to the jungle where they all went in a tonga and there he pointed out a thick Jar bush near the Jam Minor and from the bush he produced a gunny bag which was concealed therein. This gunny bag contained the stolen gun, broken into three parts, and the leather belt of cartridges. This was seized in the…