KAILASHDAN Vs. MISHRIYA AND OTHERS

JUDGEMENT

(1.) Both the above criminal miscellaneous appeals arise out of the same order July 1,1980 of the learned sessions Judge, Pali. Under the aforesaid order the learned Sessions Judge has ordered that Kailashdan should return three heads of cattle to Chotharam within a period of 15 days of his order.

(2.) The facts relevant for the disposal of these appeals are as follows: In sessions case No. 54/74 under section 395 of the Indian Penal Code, ten heads of cattle were given in 'Superdginama' of Kailashdan by the learned sessions Judge. Under the 'Superdginama' executed by Kailashdan, he undertook to produce the heads of cattle in the court as and when required to do so. In the event of his failure to do so, he bound himself to pay to the state Government the amount mentioned in the 'superdginama'. The case was decided by the learned sessions Judge on May 3l, 1975. It was ordered by the learned Sessions Judge that the ten heads of the cattle be returned to Chotharam from whose possession they were recovered. The proceedings thereafter started and Kailashdan was called upon to hand over ten heads of cattle to Chotharam. Kailashdan filed objection on April 30, 1976 that out of ten heads of cattle, seven have died during the pendency of the sessions case and as such he is unable to produce them before the court or to hand over to Chotharam. The learned Sessions Judge made enquiry into the matter as to whether and if so how many heads of cattle had died. In his order dated July 7, 1980, the learned Sessions Judge observed that three heads of cattle are still alive and he ordered Kailashdan to return it to Chotharam.

(3.) Two appeals have been filed against the aforesaid order of the learned Sessions Judge, one by Kailashdan against the order directing him to hand over three heads cattle and the other has been filed by the Ratan and other against that part of the order under which he has held that out of seven cattle heads, except three had died during the pendency of the case and as such Kailashdan cannot be asked to hand over those cattle's which have died.