MAINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482, Cr.P.C. has been filed by Smt. Maina with the prayer that the property which has been ordered to be confiscated to State by the order passed while disposing the D.B. Cr. Appeal No. 353/84 decided on 9 -9 -1986, be recalled and the articles seized by the Police may be ordered to be given to the petitioner.

(2.) THE Police submitted a challan against Kailash Chand and others and the learned Additional Sessions Judge No. 1, Ajmer in Sessions Case No. 40/84 found both the accused -persons guilty of the offence under Section 302 and 302/34, IPC and sentenced them. An appeal was preferred by the accused persons which was registered as DB Cr. Appeal No. 353/84. This appeal has been decided by this Court on 9th September, 1986 and while accepting the appeal and acquitting the accused appellant this Court ordered that the ornaments seized in this case by the Police are confiscated to the State. The present petition has been moved under Section 482, Cr.P.C. for recalling the order of confiscation and prayed that the ornaments be handed over to the petitioner Mst. Maina.

(3.) THE learned Counsel for the petitioner contended that Smt. Maina was the daughter of deceased and when this Court passed the judgment and ordered for confiscation of the property, Smt. Maina was not granted an opportunity to put her case about the ownership of the seized ornaments. It was also contended that the accused persons were acquitted on the ground that the Identification Parade conducted by the Magistrate was not properly conducted and so disbelieved the identification of the ornaments by Mst. Maina. It was also argued that Smt. Maina (petitioner) be granted opportunity to prove her ownership over the ornaments because these ornaments have not been claimed by the accused persons.