SWAROOPCHAND S O BACCHRAJ KOTHARI Vs. LEELA

JUDGEMENT

(1.) THESE revision applications which arise out of the same original criminal case can be disposed of conveniently by the common judgment.

(2.) IN all these revisions the applicant has challenged the common order passed in identical four criminal appeals by the learned Sessions Judge allowing the appeals of the non-applicants and setting aside the order of the learned trial Magistrate about return of property in the criminal case to the applicant.

(3.) THE facts are that three accused by names Sitaram (accused No. 1), Ramsingh (accused No. 2) and Deepak (accused No. 3) were tried for the offences punishable under sections 379,411 and 414 of the Indian Penal Code in Criminal Case No. 1054 of 80 decided on 3-4-1982. The prosecution case was that Sitaram (accused No. 1) was the driver of the applicant. On 24-1-1980 the applicant who had gone to Lonar in district Buldana with his family to attend the marriage, was returning to his house. The accused No. 1 Sitara, was the driver of his car. The wife of the applicant had taken her ornament box with her for the marriage. The said box was kept in dicky of the car. However, after returning to their house when the box was opened, it was found that four folden bangles and the necklace kept therein were missing. A report was, therefore, lodged i the Police Station about the theft of the above articles. The matter was investigated into by the Police. The aforesaid three accused were arrested and were prosecuted for the offences under sections 379,411 and 414 of the Indian penal Code.