GOVIND SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dt. 17-7-1981 recorded by Sri I. P. Mital, Sessions Judge, Tehri Garhwal, who allowed criminal appeal No. 26 of 1980 preferred by opposite parties Pujan Singh and Yogendra Kumar Jain and set aside their convictions under S. 411 of the Penal Code and sentence of three years rigorous imprisonment and fine of Rs. 20,000/- and in default of payment of fine further rigorous imprisonment for a period of six months as awarded by Sri Rati Ram, Chief Judicial Magistrate, Tehri on 6-10-1980 in case No. 293 of 1979 D.

(2.) Learned Sessions Judge further reversed the order of the trial Magistrate about the disposal of property and directed ornaments Exts. 1 to 4 to be forfeited to the State and the remaining ornaments to be returned to Yogendra Kumar Jain Opposite party No. 3 from whose possession they were seized by the police.

(3.) This revision was admitted by my learned predecessor-in-office Brother J. M. L Singh, J. on 18-10-1981 only against the order for disposal of property as recorded by the appellate Court. This revision was not admitted against the portion of the order regarding acquittal of opposite parties 2 and 3 nor any argument was advanced before me in this revision assailing that order of acquittal.