PATEL KESHAVLAL VENIDAS Vs. KACHARAJI NANAJI THAKORE

JUDGEMENT

(1.) The present petitioner has filed this petition Forgetting the muddamal. It is the case of the petitioner that original accused Kacharaji Nanaji Thakore deceived him and took away some gold ornaments for which Kacharaji was prosecuted. He admitted the offence and therefore he was convicted but the question about inquire pertaining to the muddamal was postponed. It was the case that said accused Kacharaji sold the articles one Gandalal Girdharlal of Mansa and the Police recovered some muddamal on 20-2-1976.

(2.) Outing the inquiry the learned Magistrate ordered that the muddamal should be handed-over to Gandalal Girdharlal of his heirs (because subsequently said Gandalal died) of Mansa. Being aggrieved by the said order the petitioner filed Criminal Appeal no. 63 of 1980 before the Additional Sessions Judge Ahmedabad (Rural) at Narol. The learned Additional Session Judge was pleased to dismiss the appeal. Being aggrieved by the said order the petitioner has come to this Court by way of this revision petition.

(3.) Now it should be noted that the case of the petitioner-complainant was that his ornaments were stolen and those ornaments were one locked one Boremala two bangles one golden ri-ng called Ghodo another gold ring and two silver anklets. In fact this incident is alleged to have taken place prior to 16-1-1975 as the complaint was lodged on 16 The muddamal was attached from Gandalal on 20-2-1976 by the police. The ornaments were not in that very condition but melted gold ingot was attached.