DEVAMMA W/O LATE K.H. HALAPPA GOWDA Vs. STATE OF KARNATAKA SAGAR RURAL POLICE REP. STATE PUBLIC PROSECUTOR AND OTHERS

JUDGEMENT

(1.) THIS appeal is against the order passed In S.C. 40/96 dated 29.6.2001 on the file of Additional Sessions Judge, Shimoga, ordering confiscation of movable properties, (jewels, etc.) seized during investigation and. produced during trial marked as M.Os 1 to 28.

(2.) I have heard the learned Counsel for both sides and perused records.

(3.) DURING trial, it appears the appellant filed an application under Section 451, Cr.P.C. seeking release of the property seized in investigation and produced in trial, marked as M.Os.1 to 28. The learned judge while disposing of the case finally, was necessarily required to pass an order with regard to disposal of the property as required under Section 452, Cr.P.C. For the said purpose, he has taken into consideration the evidence tendered by PW1 -Devamma (appellant herein), PW3 (Thammannagowda), PW4 (B.P. Thammannalah) and PW5 (Kalappa) regarding ownership of certain properties.