KRIPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision by the legal representatives of Karam Chand, is directed against the order of the Addl. Munsif and Judicial Magistrate No. 1, Sri Ganganagar, directing delivery of the record gold to Mst. Chinkaur and Mst. Ram Pyari, non -petitioners No. 2 and 3 here in. Three persons, namely, Pat Ram s/o Chet Ram, Path Ram s/o Hira Ram and Mani Ram were tried for the offence under, Section 494 I.P.C. for committing robbery of gold ornaments belonging to Mst. Chinkaur and Mst. Ram Pyari. The prosecution case was that these ornaments were kept by the accused with Karam Chand from where the same were recovered. The case of Karam Chand, however, was that the golden ornaments were pawned with him for Rs. 3000/ - by Path Ram. The learned Magistrate convicted accused Path Ram s/o Het Ram and Mani Ram for the offence under Section 411 I.P.C. and while doing so he directed that the gold recovered from the possession of Karam Chand may be returned to Mst. Chain Kaur and Ram Pyari. An appeal against the aforesaid order for returning the property was filed before the Sessions Judge, Sri Ganganagar. The said appeal was heard by the learned Addl. Sessions Judge, who by his order dated 1st May, 1979 dismissed the same. Aggrieved, the petitioners, who are legal representatives of Karam Chand, have filed the present revision petition in this Court.

(2.) SHRI B.R. Arora, counsel for the petitioner has urged that the learned Magistrate while directing that the gold ornaments may be returned to Mst. Chin Kaur and Mst. Ram Pyari, failed to give any notice to Shri Karam Chand to show cause before returning the said property. The learned Counsel has relied on State Bank of India v. Rajendra Kumar Singh and Ors. : 1969CriLJ659 where it is said.

(3.) THE result is, the petition has no force and is dismissed.