THE STATE OF MADHYA PRADESH Vs. PRABHAT CHOUDHARY

JUDGEMENT

(1.) SINCE respondent no.4 Damrulal, S/o Sukhnandan has been died during the pendency of this petition, thus the petition against respondent no.4 Damrulal stands abated.

(2.) HEARD .

(3.) FACT , in short, giving rise to this petition are that a report has been lodged on 8/09/1988 by Ayodhya Prasad Bajpai, caretaker of Palace of Maharani Mohini Kumari to the effect that in the night of 7/09/88 theft has been committed in the palace. On the basis of aforesaid FIR, investigation was carried out and 19 accused persons were arrested. Further on their instance, number of property has been seized from the accused persons. Specifically on the basis of memorandum statement of Kallu @ Gopal 700 gms of melted silver said to have been seized from the possession on respondent no. 4 Damrulal (since deceased) and 7 kg 875 gms of melted silver said to have been seized from the possession of Chakorilal Soni. During the search of house of respondent no.1 Prabhat Choudhary two ladies and one gents watches have been found and further a TV set and old clothes etc. also seized from the shop of Prabhat Choudhary. One melted golden and one melted silver silli, two cameras, one telescope have been seized from the possession of respondent no.2 Gulsher. After investigation, respondents alongwith other coaccused persons have been prosecuted before the JMFC, Bijawar who acquitted them from the offence u/s 380 of IPC however, respondents have been convicted for the offence u/s 411 of IPC. On appeal they have been acquitted by Sixth Additional Sessions Judge (Fast Track Court) Chhatarpur. Hence, this petition.