LAXMANDAS SADHURAM VADHAVANI Vs. HIRACHAND JUGRAJ JAIN

JUDGEMENT

(1.) THE order dated July 29, 1997, passed by the learned Additional Sessions Judge, Amalner, in Criminal Appeal No. 20 of 1996 arising out of the judgment and order dated April 5, 1995 in Regular Criminal Case No. 25 of 1994 passed by the learned Judicial Magistrate, First Class, Amalner, is the subject matter of challenge in the present revision application.

(2.) IN nutshell, the facts of the case are as follows: The present petitioner lodged the first information report dated March 30,1993, in Amalner Police station regarding theft of golden ornaments belonging to his wife worth Rs. 40,800/- and also cash of Rs. 12,000/ from his residence. Mominoddin Sarfoddin Shaikh and Shaikh Umar Shaikh Ismail were charge-sheeted and tried for offences punishable under sections 457 and 380 read with section 34 of the INdian Penal Code for having committed the house-breaking and theft of ornaments of the present petitioner Laxmandas in the night between 29th and 30th March, 1993 at Amalner. The present respondent no. 1 Hirachand Jain was also charge-sheeted and was tried for offence punishable under section 411 of the INdian Penal Code for having received the golden ornaments from the accused persons mentioned above with dishonest intention at village Chopda.

(3.) THE decision in the above regular criminal case happened to be the subject matter of challenge at the instance of the original complainant Laxmandas and to be precise on the point as regards disposal of the property at the conclusion of the trial passed by the learned Magistrate. This appeal was registered as Criminal Appeal No. 20 of 1996.