1958 CRI. L. J. 902 ::1958 AllCriR 28

Madhya Pradesh High Court

Hon'ble Judge(s): A. H. Khan, H. R. Krishnan , JJ

Penal Code (45 of 1860) , S.394, S.397, S.404— Person murdered - Removal of ornaments from dead body - No robbery - It is misappropriation. Removal of ornaments from body of one after causing his death, cannot amount to robbery because robbery is theft by force and theft is taking movable property out of possession of a person. If the act of theft had taken place while the person murdered was alive, it would have been robbery (S. 394 read with S. 397); but removing ornaments from a dead body is not taking ornaments out of the possession of a person. A dead body is not a person. In the circumstances, the act of the accused amounts to dishonest misappropriation of property possessed by the deceased and is an offence under section 404, Penal Code.(Para 9) Anno: AIR Man., P. C. Ss. 394, N. 1; S. 397 N. 1; S. 404, N. 1.