Short Note : 1. There is reliable evidence that the Balis were discovered at the instance of the appellant. The murder took place on May 25, 1972. The appellant discovered the Balis on May 28, 1972. It is possible that the appellant who also visited the same jungle found the Balis lying somewhere and because they were shining picked them. Ultimately, finding that they were of brass threw them in the river. These Balis are not claimed by the appellant as his own. Thus, he was in possession of the stolen property on the third day of occurrence. On the facts and Circumstances of the case, a presumption that he was a robber and murderer could not be drawn against him but he could be safely convicted under section 411 of the Penal Code. Appeal partly allowed.