NAGARAJ @ BABU Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the order directing the return of MOs.5 to 7 to PW1 which were seized during the investigation of case for the charge under Section 498A and 304B IPC wherein the appellant was acquitted for the said charges.

(2.) The facts reveal that the appellant is the husband of Umadevi and she committed suicide on 01.02.1999. There was charge against the appellant and other accused for cruelty and harassment and causing dowry death. Mos.5 to 7 are Mangalya Sara, a ring and pair of earrings. The evidence of PW10 Krishnachari reveals that accused No.2 was the person who had given gold for preparation of ornaments. Anyhow, as the accused were acquitted of the said charges, learned Sessions Judge has ordered the return of these articles to PW1 S R Vishwanathasetty, the father of deceased. Aggrieved by the order, the present appeal has been filed.

(3.) Learned Counsel for the appellant would contend that it is accused No.2 who had given the gold for preparing ornaments and when the accused were acquitted of the charge, he submits that the Trial Court committed an error in returning Mos.5 to 7 to PW1 who is the father of deceased.