JUDGMENT Ghulam Hasan, J. - Sheo Bakhsh Singh was convicted and sentenced u/s 412 of the Indian Penal Ode to two years rigorous imprisonment by the Sessions Judge of Rae Bareli. He appeals against his conviction and sentence. 2. The dacoity in question took place in the house of Lala Singh and Pirthwipal Singh in village Baras, police station Dalmau, nine miles away, on the night between , toe 4th and 5th January, 1944. Five persons were prosecuted for dacoity but Sheo Bakhsh Singh was charged with an offence u/s 412 of the Indian Penal Code. His son Ram Singh, who was prosecuted for dacoity, was acquitted. 3. The incriminating article found from the house of Sheo Bakhsh Singh is a shirt (Ext. Ill) on the 11th January 1944. Sheo Bakhsh Singh was present in the house but Ram Singh was not. Sheo Bakhsh Singh was not arrested. Ext. 10 is the recovery list. It was prepared by Phul Singh sub-inspector (P. W. 37) and the witnesses were Ram Dulare (not produced) and Brijmohan (P. W. 23). 4. The defence of Sheo Bakhsh Singh was that the shirt was not recovered from his house. He did not claim the ownership of the shirt. He denied that he knew or had reason to believe that it Was property lost in the dacoity. He stated that he had been implicated at the instance of Brijmohan Singh who was his enemy. 5. The recovery list shows that two other articles were recovered. These were admittedly not proved to have been lost in the decoity. The recovery list does not show the place from which the shirt was recovered, Brijmohan Singh however, says that it was recovered from a locked kothari and Sheo Bakhsh Singh gave the key of the kothari to the sub-inspector. It seems that he and his family are not on dining terms for the last 10 years with Sheo Bakhsh Singh and his brother Janki Singh. He also admits that a case u/s 107 of the Code of Criminal Procedure is pending between himself and 14 other persons on the one hand and Babu Singh, son of Sheo Bakhsh Singh and some others on the other hand. This Babu Singh admittedly lives in the same house with Sheo Bakhsh Singh. Ram Singh, however lives in Pilkha, which is about five miles from Dipemau. This Babu Singh admittedly lives in the same house with Sheo Bakhsh Singh. Ram Singh, however lives in Pilkha, which is about five miles from Dipemau. Brijmohan Singh also admits that a Case of robbery is pending against him, his two sons, his uncle and his elder brother, and the sub-inspector Phul Singh told him that he had finished the enquiry in that case and had given a report in his favour. 6. The sub-inspector supports Brijmohan Singh in that the shirt was recovered from the locked kothri. He admits that he did not arrest Sheo Bakhsh Singh on that day as no accused was "arrested till he handed over the investigation to his successor. Ram Dulare was not produced as the sub-inspector did not know his whereabouts. The enmity between Sheo Bakhsh Singh and Brijmohon Singh Mukhia is also proved -by Janki Singh (D. W.-l). This witness says that the shirt was not recovered from the house of Sheo Bakhsh Singh. Even if the recovery of the shirt from the house of Sheo Bakhsh Singh be regarded as genuine and above suspicion, the further fact that it was recovered from the locked kothri whose key was given by Sheo Bakhsh Singh appears to me to be open to doubt. If such were the case, it is hardly likely that this fact would not have been mentioned in the recovery list (Ext. 10J. The Committing Magnate only asked Sheo Bakhsh Singh whether the shirt had been recovered from his house in his presence. He did 'not ask him whether it was recovered from a locked kothri and whether he had given the key of this kothri to the sub- inspector. I hold, therefore, that although the shirt was recovered from the house of Sheo Bakhsh Singh which is occupied by others also, there is nothing to show purity knowledge on the part of Sheo Bakhsh Singh, u/s 412 it is necessary to that not only that the accused was in possession of the property but further, that he knew or had reason to believe that the property bad been transferred by the commission of dacoity. The offence u/s 412 is much more serious than the offence u/s 411 of the Indian Penal Code. The offence u/s 412 is much more serious than the offence u/s 411 of the Indian Penal Code. If the evidence of handing over the key to the sub-inspector is not accepted, there is nothing on the record to show that Sheo Bakhsh Singh knew where the shirt was or where it came from. His son Ram Singh, although not living in the house, used to visit him once a fortnight or a month. Under the circumstances, therefore, it will not be safe to impute guilty knowledge to Sheo Bakhsh Singh. 7. Accordingly I bold that the essential Ingredients of Section 412 of the Indian Petal Code have not been proved against the appellant. I set aside the conviction and sentence of the appellant and order that he be released forthwith.