ANDURI PODHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants herein figured as P.Ws. 5 and 8 in Sessions; Case No. 13 of 198LB in the Court of the Sessions Judge, Ganjam, Berhampur. It had been alleged that two of the accused persons had removed gold ornaments from the person of the deceased Kanta Phula and had handed over the Articles to P.Ws. 5 and 8. All the accused persons were acquitted.

(2.) P.W. 3, the husband of the deceased, who was the first informant, had identified a gold necklace (M.O. II) and gold nose rings (M.O. III) as belonging to the deceased. He had identified these articles in the court and at a prior test identification parade. In the course of investigation, M. O. II had been recovered from the possession of P.W. 8 who had claimed it as belonging to her and M.O. III had been recovered from the person of P.W. 5 who had claimed this article to be hers. At the conclusion of the trial the learned Sessions Judge has passed an order for return of M.Os. II and III to the first-informant. This order has been assailed by P.Ws. 5 and 8 in this appeal under S.454(1) of the Code of Criminal Procedure (for short, the 'Code'). We have heard the learned counsel for the appellants and the learned Additional Standing Counsel for the State.

(3.) It has been submitted on behalf of the appellants that the learned trial Judge ought to have passed an order for return of M.O. II to P.W. 8 and M.O. III to P.W. 5. The first informant has not entered appearance in this Court in spite of service of notice on him.