KAMARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision petition by the accused persons against the judgment of the Sessions judge, Guna, dated 20-1-88 passed in Criminal . Appeal No. 65 of 1987 , confirming the judgment of the sessions judge Guna dated 20-1-88 passed in criminal appeal no 65 of 1987. confirming the judgment of the chief judicial Magistrate, Guna, dated 23-7-1987 passed in Criminal Case No. 1375 of 1984 whereby the property which was the subject matter of the alleged theft, has been ordered to be delivered to the complainant-respondent No. 2 Samundersingh.

(2.) The facts giving rise to this revision petition briefly stated are as follow:-

(3.) According to the prosecution, the police recovered the ornaments and the cash amount from the possession of the accused persons pursuant to memorandum of statement under S.27 of the Evidence Act. The complainant even before filing of the challan made an application under S. 452 of the Coad of Criminal Procedure, 1973 before the Chief Judicial Magistrate, Guna, on 22-6-84 for delivering the seized property under supradginama of the complainant. After filing of the challan in Court the counsel for the accused persons was unable to make a clear statement whether or not the accused persons claimed the seized property vide order sheet dated 8-8-84 recorded by the Chief Judicial Magistrate. Subsequently, on 24-9-84 a reply on behalf of the accused persons was filed where in they claimed to be the owners of the property. As such, the property was not given to the complainant on supradginama.