RAMCHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition is preferred to challenge the judgment dated 30.8.2010 passed by learned Sessions Judge, Pali affirming the judgment dated 22.11.2008 passed by learned Additional Chief Judicial Magistrate, Pali.

(2.) IN brief, facts of the case are that one Jagdish son of Budharam was tried for an offence punishable under Section 407 INdian Penal Code wherein by extension of benefit of doubt he was acquitted. The trial court while acquitting Jagdish determined complainant Mahendra Goyal as owner of the goods found in the vehicle bearing No.RJ-19-G-0009. Accordingly, an order was passed to maintain custody of the goods with Mahendra Goyal. Being aggrieved by the same the petitioner preferred a revision petition before learned Sessions Judge with assertion that the goods recovered should have been given to him instead of Mahendra Goyal in view of the fact that accused Jagdish handed over goods to him and this fact was substantiated by Murlidhar Daga also. Learned revisional court after examining the entire evidence available on record reached at the conclusion that the goods as a matter of fact were loaded for Calcutta and those were wrongly handed over to Ramchandra, the petitioner. The revisional court also found that the petitioner did not claim the entire goods even before the trial court.