GAYA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the appeals have been taken up for analogous hearing in view of common questions of law arising in similar facts. In Criminal Appeal no. 171/83 a buffalo belonging to the complainant Gayaprasad was stolen and allegedly recovered from the possession of the accused. The trial Court found the offence proved and convicted the accused directing the buffalo to be returned to the complainant. The accused preferred an appeal before the Court of Sessions challenging his conviction but without impleading the complainant as a party to appeal. By judgment dated 8-7-1980 the appeal was allowed, the conviction was set aside, the accused was directed to be acquitted and at the same time the seized buffalo was directed to be delivered to the accused/appellant.

(2.) IN Criminal Appeal No. 172/83 there were five buffaloes and two calves belonging to the complainant Ramprasad which were stolen and allegedly recovered from the possession of the accused. The trial Court found the offence proved and convicted the accused. As to disposal of property separate miscellaneous proceedings were directed to be drawn up. The accused filed an appeal before the Court of Sessions challenging his conviction. The appeal was allowed, the conviction was set aside, the accused was acquitted and at the same time the five buffaloes and two calves were directed to be returned to the accused/appellant. Here also the complainant was not joined as party to the appeal.

(3.) IN both the cases the Appellate Court also did not notice the complainants.