MANHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the judgement dated 3.1.2000 passed by Additional Sessions Judge, Bilaspur, in Sessions Trial No.207/1996.

(2.) By way of instant appeal, the appellant has only challenged a part of the impugned judgement by which the Court below has ordered for returning the seized gold and silver articles to the complainant (respondent No.2 herein). According to the appellant, the said property is his property which was seized from him and, therefore, under the normal rule of practice, the articles seized should be handed over to the person from whom it had been seized.

(3.) Case of the prosecution in brief is that the complainant Moti Lal had lodged an FIR on 6.5.1991 at Police Outpost Pathariya stating that at around 2 a.m. on 6.5.1991 when the complainant and his family were asleep, the mother of the complainant, PW-7 Nankaiya Bai, woke up and raised an alarm that thieves have entered into the house. Immediately when the complainant got up, the accused persons abusing the complainant assaulted him with a tabbal on account of which he received injuries and, in the course, the accused persons snatched a gold chain from the neck of Nankaiya Bai and took a tabij (locket) belonging to the father of the complainant and also looted a silver necklace. Immediately thereafter the complainant raised an alarm and on hearing the alarm of the complainant, neighbours of the complainant, PW-2 Padarath and others, reached to the spot. By that time the accused persons had already fled from the scene.