SIVASANKARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) A trio, the petitioners who are PWs 17 to 19 in C. C. 857 of 1969 of the Sub Magistrate's Court, Parur preferred each of these petitions against the order of the Sub Magistrate directing the return of M.O. 12, gold bangles and M.Os. 14 and 15 series gold pieces to P. Ws. 1 and 29 on acquittal of the 3 accused persons in respect of offences under S.380, 457 and 461 of the Penal Code

(2.) The 3 accused persons were charged for the theft of M.Os. 1 to 19 out of a box which was kept in a room of the house in which Pws. 1 and 29 lived on the night of 21 6 1967. The charges were laid against the accused persons on the strength of the first information furnished by Pw. 1. During the investigation, the accused persons were arrested on 16-11-1967. On the basis of the information furnished by the accused persons, M.Os. 1 to 19 were seized on 20-11-1967, M.O. 12 bangles from Pw. 17 under Ex. P12 mahazar, M.Os. 14 series from Pw. 18 under Ex. P13 mahazar and M.O. 15 series from Pw. 19 under Ex. P19 mahazar. They admitted that the gold of which M.O. 12 bangles were made as well as M.Os. 14 and 15 were sold to them by the 1st accused in June, 1967. The 1st accused also admitted in his statement that he sold the identical gold pieces and some bangles to Pws. 17 to 19. But, the accused persons were finally acquitted of the charges as the trial Magistrate came to the conclusion that the prosecution case had not been made out against them beyond a reasonable doubt. The acquittal order was on 31 12 1968.

(3.) The trial Magistrate on a consideration of the evidence in the case and other circumstances felt that Pws. 1 and 29, the complainants in the case had established their possession over these articles and that they being in possession prior to the theft they would be entitled to get the movables returned to them and accordingly passed the order returning the identical movables to Pws. 1 and 29. It is against the order that these revision petitions are filed.