STATE OF ORISSA Vs. BALABHADRA MEKAP

JUDGEMENT

(1.) Heard further argument from the parties. Hearing is concluded & the judgment is as follows.

(2.) The sole Respondent is one of the two accused persons, who faced the trial in the Court of Additional Chief Judicial Magistrate, Puri for the offence under Sec. 408, I.P.C. in G.R. Case No. 1234 of 1980. It was a case of allegation against two accused persons of committing criminal breach of trust with respect to the ornaments of the deity Satyabadi Gopinath at Sakhigopal. After a full -dressed trial, on 07.12.1988, i.e., eight years after the occurrence the Learned Additional C.J.M. recorded the order of conviction & imposed the punishment. The sole Respondent challenged the order of conviction in Criminal Appeal No. 3 of 1989 in the Court of Sessions Judge, Puri. On analysis of the evidence on record & considering the contention of both the parties, Learned Sessions Judge set aside the order of conviction on the ground that the conviction recorded by the Trial Court was on the oasis of surmises & not on the clear proof of criminal breach of trust.

(3.) It is stated at the Bar that the lost gold ornaments were recovered in course of the investigation & those were marked as M. Os. I, II & III. In course of hearing of this Govt. Appeal, today the accused -Respondent has filed an affidavit stating that he does not lay any claim on the ornaments, marked M. Os. I to III & such properties be taken for the Satyabadi Gopinath Temple, Sakhigopal. Under such circumstance, the impediments created by the judgment of the Appellate Court is removed because of the concession granted by the Respondent &, under such circumstance, after lapse of about 29 years from the date of occurrence there is no necessity to interfere with the order of acquittal, in as much as, save & except the discussion relating to the ownership & status of the property the other findings recorded by the Appellate Court does not suffer from any illegality or perversity. Accordingly, the Government Appeal is dismissed, but order is passed that the seized ornaments, i.e., M. Os. I, II & III be handed over to the Satyabadi Gopinath temple at Sakhigopal & the disposal of those properties be made accordingly.