VASANTH HUBLIKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, Sri Vasanth Hublikar, has filed the present appeal under Sec. 454 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') praying to set aside the judgment dtd. 19/11/2014 passed by II Additional District and Sessions Judge, Davanagere, in Sessions Case No.137 of 2012, in so far as rejection of handing over of material object Nos.10 to 12, i.e. two gold chains, one neck gold chain and one ring respectively, belonging to Smt. Sharadamma, wife of the appellant.

(2.) Brief facts of the case are that, on 3/6/2009, Smt. Sharadamma (hereinafter referred to as, 'deceased'), wife of the appellant, was murdered and at the time of committing murder, gold articles belonging to the deceased were stolen. In this regard, the Investigating Officer filed charge-sheet for the offences punishable under Ss. 302, 201, 404 and 414 read with Sec. 34 of the Indian Penal Code, 1860. The learned Sessions Judge acquitted the accused persons, but failed to handover material object Nos.10 to 12 to the husband of the deceased, i.e. the appellant.

(3.) Further, the learned Sessions Judge made observation that there is dispute of title between the appellant and respondent No.2/accused No.4 with regard to material object Nos.10 to 12 and hence, declined to pass any order.