SURATI SMT Vs. DEDA

JUDGEMENT

(1.) THE instant revision is directed against the order dated 4. 8. 84 passed by learned Sessions Judge , Balotra camp at Barmer in Cr. Appeal Nos. 22 and 23 of 1983 preferred by the petitioner as well as non petitioner Deda against the judgment of learned Additional Munsif and Judicial Magistrate, Barmer dated 17. 1. 83 in Cr. Case No. 10/79.

(2.) IT is borne out from the record that a criminal case against non-petitioner Deda and his wife Jheema was initiated u/s. 447 and 352 IPC. After analytical discussion of oral and documentary evidence on record the learned Additional Munsif and Judicial Magistrate, Barmer vide his judgment dated 17. 1. 83 had extended the benefit of doubt to both the accused persons named above. While delivering the aforesaid judgment extending the benefit of doubt to non-petitioner Deda and his wife Jheema the learned Additional Munsif and Judicial Magistrate had ordered to confiscate a 'tegar' article 2 as according to him neither the complainant nor the accused could able to prove the title of aforesaid 'tegar' beyond all pale of doubt. IT is true that while passing the aforesaid order for confiscation of 'tegar' article 2 the learned Additional Munsif and Judicial Magistrate, Barmer had ordered return of article 1 'lehar' and broken pieces of 'churi' to Surati.

(3.) ON the basis of aforesaid FIR the case No. 31 for the offence u/s. 352 and 447 IPC was registered and investigation commenced.