KHERAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been directed against the judgment dated 6. 08. 1993 passed by the learned Sessions Judge, Jalore whereby he dismissed the petitioner's appeal filed under section 454 Cr. P. C. and confirmed the order dated 26. 8. 1991 passed by the learned Munsiff and Judicial Magistrate, Sanchore directing the petitioner to hand over the recovered three pipe lines, one fan-Arun Trade Mark, one axe, one kudali and one rope, which were given on Supurdginama to him to accused non- petitioner Sona Ram, who was acquitted for the offence under Section 392 IPC along with other two co-accused persons.

(2.) I have heard Mr. Bishnoi, learned counsel for the complainant-petitioner and Mr. Thakur, learned public prosecutor at length and carefully perused the record of the lower court.

(3.) P. W. 1 Kheraj has deposed that he had installed a water pump in the well of Okha Ram and that the implements Article A-1 were owned by him which he was carrying on his cart. Not a single question has been put to this witness in cross-examination by Sona Ram or any other accused regarding the owner-ship of implements Articles A-1. Even no suggestion has been put to him or to any other prosecution witnesses that the implements Articles A-1 belonged to accused Sona Ram and not to petitioner-Kheraj.