CHATURBHUJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is preferred against the judgment dated 23.2.76 of the Additional Sessions Judge, Udaipur, by which in appeal, the order of the Munsif Magistrate, Mavli, was upheld.

(2.) The facts briefly stated are that on 19.3.1972, the petitioner lodged a report of theft on which a case was registered. During the investigation various stolen articles and Rs. 500.00 in currency notes were recovered on the information (under section 27 of the Evidence Act) of accused Ram Lal and Mangi Lal. The learned Magistrate, while acquitting the two accused, directed the confiscation of these ornaments and the currency notes on the ground that Chaturbhuj failed to establish that he was the owner of these ornaments and the currency notes.

(3.) I have heard the learned counsel for the petitioner and learned Public Prosecutor for the state and also perused the record very carefully.