RAMSHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order of the learned Assistant Sessions Judge VII, Patna, in Sessions Trial No. 52/11 of 1969, rejecting the petitioner's prayer for the return of some ornaments and cash which were stolen away from his house. The facts leading to this application are, shortly, these.

(2.) A dacolty was committed in the house of the petitioner on 11-11-1966 in which the dacoits are alleged to have looted away ornamonts and cash worth Rs. 19,000. In course of investigation, the police recovered some gold ornaments and Rs. 1500 in cash from the house of accused Rameahwar Mahton and Soudagar Mahton. The petitioner alleged that the ornaments and cash recovered from the house of the aforesaid accused belonged to him and were stolen away in the dacoity.

(3.) The Sessions. trial, however, ended in the acquittal of the accused persons. A criminal revision petition No. 2074 of 1970 was filed against the order or acquittal but the same was dismissed by this Court. In that revision application, this court had directed that the trial court would decide the question of ownership of the ornaments and cash which were recovered from the houses of Rameshwar and Soudagar. The then Assistant Sessions Judge VII, Patna, by his order dated 11-1-74 held that the cash and ornaments belonged to Rameshwar and Soudagar and that they should be returned to Mt. Jugeshwari Devi widow of Rameshwar. Both Rameshwar and Soudagar are dead. Rameshwar, it may be mentioned, was the son of Soudagar. The petitioner moved this court against the order of the learned Assistant Sessions Judge dated 11-1-74 in Criminal Revision No. 107 of 1974, but the same was dismissed on 22-1-74.