The All India Reporter 1951 - Mysore Section with Parallel References to 52 Criminal Law Journal Citation: A.I.R. (38) 1951 Mysore

Mame there ie evidence to show that the articles belonging to the deceased recovered from the accused soon after the murder of the deceased were not only in the possession of the deceased at the time of the murder but also that it could not have been transferred from the deceased to the accused except by the deceased himself no presumption that the accused committed the murder can be drawn from th [...] On the complaint to the police referred to above the Police Officers came and an inquest was held over the dead body of the said Puttasamiah and the body was subjected to post mortem examina- tion by the doctor P. W. 2. According to the evidence of this doctor death was due to haemorrhage in the brain and injury to the brain and shock as a result of revere injury and fractures of skull bones. [...] We do not like to express any opinion in respect of the offence of robbery as the accused have yet to undergo a trial in respect of that offence and it is particularly so as we find that the evidence on record does not justify the conviction of any of the accused or all of them of the offence of murder even if all the evidence on record is accepted as true. [...] of Mysore: —Before a presumption of murder can be drawn against the accused from the mere unexplained posses- sion of an article shown to have belonged to the de- ceased there must be evidence to show that the article recovered from the accused was not only in the possession of the deceased at the time of murder but leo that it could not have been transferred from the (deceased to the accused exce [...] It was observed as follows ”To invoke the aid of S. 34 successfully it must be shown that the criminal act complained against was done by one of the accused persons in the furtherance of the common intention of all; if this is shown then liability for the crime may be imposed on any one of the persons in the same manner as if the act were done by him alone This being the principle it is clear to t