KURBAN ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed only against a part of the order passed by the learned Addl. Sessions Judge, Udaipur in Criminal Appeal No. 68/1976, so far it relates to the delivery of one necklace of gold.

(2.) The facts of the case are that, in the night intervening 23rd and 24th of May 1970, theft of various articles was committed in the house of appellant Kurban Ali Bohra. Several articles are alleged to have been taken away by the miscreants including one necklace of gold. The case was registered on 24-5-70 at Police Station Dhanmandi (Udaipur). The police submitted charge-sheet against 9 accused persons, including respondent Hasanshah. All the nine accused faced trial and the learned Magistrate after completion of the trial, vide judgment dated 1-12-75, convicted the respondent Hasanshah and other co-accused persons under S. 411, IPC. As we are not concerned with the finding of conviction of the accused persons, I need not go in details about the merits of the case. However, it may be submitted that the learned trial Magistrate directed that the recovered articles, including the necklace, should be delivered to the owner, i.e. the appellant Kurban Ali.

(3.) If Hasanshah-respondent No. 2, feeling aggrieved against his conviction and sentence, preferred an appeal which was heard and disposed of by the learned Addl. Sessions Judge, Udaipur. The learned Addl. Sessions Judge acquitted him vide judgment dated 14/02/1979 . The learned Addl. Sessions Judge further reversed the order of the delivery of necklace, in question, as well as ear tops, as passed by the learned Magistrate and ordered that these articles be given to the accused respondent-Hasanshah.