Short Note : Brief facts were that on 11-4-1973. Madhya Pradesh State Road Transport Corporation bus bearing registration No. 8317 was on its way from Shivpuri to Gwalior. On the way, near village Chahrai at the railway level crossing the gates were closed. A gang of armed dacoits stopped the bus, burst the front wheel tyre by gun shot and the passengers of the bus were made to get down. They were looted of their articles, including watches, ornaments, clothes and cash. Gopal Prasad (P.W.9), the driver of the bus later on managed to change the stapnay of the burst tyre and took the bus to Mohna bus-stand. At Mohna, Bhaskarrao (P.W.1) who was the conductor of the bus, reported the incident to the Mohna Police, FIR. (Ex.P/1) was reduced to writing and in that details of the looted articles of the passengers were listed. During the course of investigation, appellants were arrested and some of the stolen properties were recovered from them Seized articles were put to test identification wherein some of the properties were identified by the witnesses there and also in the Court. The Trial Court convicted the accused under section 412 I.P.C. Held : Besides the recovery of the looted property at the instance of or from the possession of the appellants there are no other facts and circumstances to show that the appellants knew the said property to be of dacoity. Consequently, in my view, on drawing the presumption under section 114(a) of the Evidence Act, the appellants ought to be held guilty of the offence under section 411 of the Indian Penal Code and not under section 412 I.P.C. In the circumstances, rigorous imprisonment for three years appears to be rather excessive. In my view rigorous imprisonment for 6(six) months, each would meet the ends of justice. Appeal partly allowed.