R. MUNUSWAMI Vs. STATE (C-1 POLICE)

JUDGEMENT

(1.) THE accused in C.C. No. 15177 of 1977 on the file of the VIII Metropolitan Magistrate, George Town, Madras is the petitioner. He was acquitted of the offence under S. 380 I.P.C. and the revision in Pratap v. Munuswami and Another, Crl R.C. 1212 of 1979 preferred against the order of acquittal has been dismissed by me today.

(2.) THE learned Magistrate, while passing the order of acquittal, has also passed orders under S. 452(1), Crl. P.C. with regard to the disposal of the property involved, namely, M.O.I series. He has directed the return of M.O. 1 series to P. W. 1. As against the said order, the accused preferred Crl. App. No. 372 of 1979 before the II Additional Sessions Judge, Madras Division, and the lower appellate Court found no justification for interference and the appeal has been dismissed confirming the order regarding the disposal of M.O.I series passed by the first Court. The present revision is directed against the judgment of the lower appellate Court.

(3.) IN the present case, there is no dispute that M.O. 1 series were recovered' from the custody of the accused. His version is that D.W.3, his brother, handed over M. O.I, series to him. The prosecution version with regard to the commission of the theft alleged against the. accused has been disbelieved by the first Court and that finding has found acceptance by this Court in Pratap v. Munswami and Another Crl. R.C. 1215 of 1979 In the said circumstances, it is not proper to fall back upon the evidence of P.Ws. 1 and 2 and that M.O.I series must at some point of time have remained in the custody of P.W.I.