TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UPON the complaint of petitioner Tara Chand, regarding the misappropriation of four golden Gokhroos (Bangles) case was registered against Ganesh Mal N. P. No. 2 and on challan being filed he was tried for the charge under S. 406 I. P. C. by the Judicial Magistrate, Abu Road. The learned Magistrate vide judgment dated December 4, 1984 held him guilty of the charge and sentenced him to one year's R. I. under S. 406 I. P. C. It was ordered that the golden 'kada' recovered from accused Ganesh Mal may be given to complainant Tara Chand after the expiry of the period of appeal. Ganesh Mal preferred appeal in the court of Sessions Judge, Sirohi. The learned Judge vide judgment dated August 17,1988, allowed the appeal and acquitted Ganesh Mal of the charge. The order regarding the disposal of property was also reversed and it was ordered that the 'kada' may be returned to Ganesh Mal after the expiry of the period of revision/appeal. Tara Chand complainant feeling aggrieved by the order of the appellate Court regarding the disposal of the property, has invoked the revisional jurisdiction of this court.

(2.) THE learned counsel for the petitioner strenuously contended that the learned Sessions Judge has, legally erred in deciding the question of title of the 'kada' in question and instead of directing the parties to get the question of title decided by a competent Civil Court, reversed the order of the Magistrate regarding the disposal of the property.

(3.) PLACING reliance on this authority, Mr. Singhi, learned counsel for non-petitioner No. 2 contended that the judgment of acquittal has become final and when Ganesh Mal has not been held guilty for the charge under S. 406, the property recovered has been rightly- ordered to be delivered to him by the learned Sessions Judge.