State vs Shankar Prasad And Anr. on 29 February, 1952
17. The second case relied upon is 'EMPEROR v. MT. HAR PIARF, AIR 1926 All 737. In that case a man died in his own house surrounded by his own family and poisoned shortly after eating food which must have been prepared by his wife. No explanation was forthcoming from the occupants of the household as to what had happened to him to cause his death. The accused were proved to have been guilty of persistent lying in an attempt to account for the absence of the deceased and were also shown to have hidden the corpse to save themselves from the offence. In these circumstances a presumption against the accused was made. The facts are distinguishable. Here the only evidence against the appellant is the recovery of the stolen articles, the other factors are all in their favour. The circumstances of the present case are Quite
distinguishable from those of 'HAR PIARI'S CASE'.