GANCHI IBRAHIM BILLY Vs. GANCHI ABDULLA MUSSA

JUDGEMENT

(1.) The appellant who is original complainant has challenged the legality and validity of the older with regard to the disposal of muddamal article passed by the learned Additional Sessions Judge at Junagadh on 6-5-1983 in Criminal Appeal No. 3 of 1983 by invoking the provisions of Section 454 of the Code of Criminal Procedure (Code for short hereinafter).

(2.) A few material facts leading to the rise of the present appeal may be briefly stated. The present appellant is an original complainant filed complaint under Section 379 lead with Section 114 of the Indian Penal Code against the respondents No. 1 2 3 who are the original accused persons. The parties are herein referred to as complainant. and accused persons for the sake of convenience and brevity. The complainant filed criminal complaint against the accused on 3 in the Court of J.M.F.C. at Mangrol. He alleged that the accused persons had committed theft in respect of fertilizer from his field on 30 A complaint was sent to the police under Section 156(3) of the Code for investigation. On completion of the investigation charge-sheet followed against the accused persons for the offences punishable under Section 379 read with Section 114 of the IPC and on trial they were convicted and sentenced to pay fine of Rs. 250.00 each. The original accused No. 1 was acquitted.

(3.) The Trial Court was also pleased to order that the muddamal fertilizer should be returned to the original complainant who is appellant herein.