STATE OF RAJASTHAN Vs. LAXMAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated March 3, 19S1 of the Munsif and Judicial Magistrate, First Class, Nohar, acquitting the accused for the offence under Section 380, IPC.

(2.) THE case is more than 9 years old. The prosecution case, in brief, was that Hira Lal complainant lodged a report at the police station, Nohar, on 27th January, 1980, alleging that the accused had sold to him a camel for Rs 5,500/ - but when the complainant had gone oat, the accused took away the camel in his absence and was not returning the same. It was alleged that the camel was taken away on 12th January, 1980. On this report, a case under Section 380, IPC was registered. After investigation the case was challaned in the Court of Munsif and Judicial Magistrate, Nohar.

(3.) I have heard Shri S.S. Vyas, Public Prosecutor for the State and Shri M.K. Garg, counsel for the accused. A revision against the judgment under appeal was also filed earlier by Hira Lal in this Court, being S.B. Criminal Revision No. 195/81. The said revision was dismissed by this Court by the order dated May 25, 1981. In that order it was held: