THAMANNA SHIVALINGAPPA TELI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The trial court convicted the accused under Ss. 457 and 380 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of one year and two years respectively. So far as the custody of seized gold articles MOs 1 to 5 is concerned, it was directed by the trial court that it would be open to the parties to get their title established, meaning thereby, by moving the competent civil court by filing an appropriate suit. Against the order of conviction, no appeal was preferred; whereas against the order of the trial court regarding custody of MOs 1 to 5, the complainant as well as PW 3 filed separate appeals. The appeal filed by the complainant has been dismissed by the Sessions Court; whereas the same filed by PW 3 was allowed and MOs 1 to 5 were directed to be released in favour of PW 3. The said order has been confirmed by the High Court. Hence, these appeals by special leave.

(3.) Having heard learned counsel for the parties and perused the impugned orders, we are of the view that the trial court was quite justified in directing the parties to get their title established by moving the competent civil court. The appellate court was not justified in reversing the same and the High Court was not justified in confirming the appellate court's order.