GOVIND RAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 454, Cr. PC has been directed against the order dated 16-11-2002 passed by the Special Judge (Atrocity) and Additional sessions Judge, Gwalior in Case No. 57/02 Misc. Criminal, dismissing the application of appellant under Section 452, Cr. PC.

(2.) THE contention of learned Counsel for the appellant is that the accused persons who are respondent Nos. 2 and 3 in this appeal were tried for the offence punishable under Sections 302/34, 394/397, 460 and 302, IPC. The accused persons were acquitted, but the property which was seized by the prosecution from the possession of the accused persons and which is of appellant, despite an application was submitted in the Court below, the same was not delivered to him.

(3.) THE contention of learned Counsel is that 2 golden rings, 5 silver rings and one golden pendant are of the appellant as well as the currency notes rs. 10,150/- (Rupees Ten thousand one hundred and fifty), which were seized from the accused persons, are of the his. The learned Counsel for the appellant has invited my attention to the memorandum of identification of these articles ex. P-21 and Ex. P-22 and has stated that it was rightly identified by the appellant. Learned Counsel has also invited my attention that he lodged the report Ex. P-20 in that regard in the concerning police station.