MAHADEB MAHAKUR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is preferred by one Mahadeb Mahakur, son of late Sitaram Mahakur, under Section 454 of the Code of Criminal Procedure against the order of the learned, Sessions Judge, Balangir in Sessions Case No 58 of 1981 directing that the gold ornaments M.Os. 1 to III and the plastic box M.S. XIII should be returned to the accused who was acquitted in the case.

(2.) In the said Sessions Case No 588 of 1981 the accused stood his trial under Sections 302, 392 and 201 of the Indian Penal Code on the allegations that he robbed one Basanta Mahakur the sister of the present appellant Mahadeb Mahakur, of her gold ornaments M.Os. 1 to III and murdered her and caused disappearances of the evidence relating to the murder. The learned Sessions Judge found that the prosecution has failed to prove satisfactorily any of the charges framed against the accused and therefore acquitted the accused of all the charges levelled against him. While so acquitting the accused, the learned Sessions Judge passed an order directing that the gold ornaments M.Os. 1 to II and the plastic Box M.O. XIII, seized from the accused should be returned to the accused, and being aggrieved by the said order the present appeal is preferred by the brother of deceased Basanta Mahakur.

(3.) So the Scope of the present appeal is confined to a consideration of the evidence to find out if the learned Sessions Judge was justified in passing the impugned order directing the delivery of M.Os. 1 to XIII to the accused acquitted in the sessions case.