GANGLYA ALIAS GANGARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 454 Cr. P. C. is directed against the order dated 6. 3. 2000 passed by the learned Sessions Judge, Jaipur Distt. Jaipur in Sessions Case No. 79/92 whereby the application filed under Section 452 Cr. P. C. has been rejected and their prayer to deliver the silver bangles (Kadas) to them was declined.

(2.) BRIEFLY stated, the relevant facts giving rise to this petition and necessary for its disposal are that an F. I. R. came to be lodged at Police Station Jamwarangarh (Jaipur) on 24. 12. 1990 by one Girdhari Lal that Smt. Kani, wife of Ram Kishan, who had gone to graze the cattle was lying dead in the mustard field and her hands and feet were amputated and her ornaments were missing. Accused Kaluram was arrested. On his discovery statement u/s 27 of the Indian Evidence Act, a knife and silver bangles were recovered at his instance. After investigation a charge-sheet was filed against him in the concerned court. The case was committed to the court of Sessions. After trial accused was convicted and sentenced for the offences of murder and theft. But on appeal by him, this court acquitted him of the charges. The State preferred the S. L. P. before the Hon'ble Apex Court against the said judgment of acquittal. The same was also dismissed after notice to the accused and his acquittal by this court was upheld.

(3.) LEARNED P. P. has supported the orders under challenge. He has strongly refuted the contentions of the learned counsel for the appellants and has submitted that the facts of this case are clearly distinguishable from the facts of the cited authorities and the law laid down therein does not help the appellants in the instant case.