J.V.GOLD Vs. STATE OF KERALA

JUDGEMENT

(1.) Rival claims in respect of the gold ornaments, which were allegedly the booty in the crime involved in CC 479/2017 of the Judicial First Class Magistrate's Court-II, Thrissur, were filed. CMP.8981/2016 was filed by the de facto complainant. CMP.2495/2017 was filed by the 2nd accused. Even though two other claimants were also there, presently, they have not come forward. All the claims were adjudicated by the court below and CMP.8981/2016 was allowed on conditions. CMP.2495/2017 and the other claim petitions were dismissed.

(2.) The case of the petitioner firm in CMP.8981/2016 was that they were engaged in fabricating and selling gold ornaments in various places in Kerala, and on 01.07.2016, gold ornaments weighing 3380 grams were entrusted with the de facto complainant for delivery. It is alleged that at 11.30 pm, while the de facto complainant was riding on his motorbike bearing registration No.KL-08-AQ-2842 on his way to railway station, Thrissur, he was blocked by a car and the entire gold ornaments were robbed by the persons, who were in the car. It is alleged that the said gold ornaments valued at 93 lakhs were robbed by the accused. Subsequently, the gold ornaments were recovered from the accused.

(3.) A2 claimed that he was dealing in gold business and he had fabricated gold ornaments obtained by him from various persons and was keeping it and while so, it was recovered from him.