KARANSING PRABHATSING Vs. KIRANKUMAR P SHROFF

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order dated 27.03.1985 passed by the learned Sessions Judge, Surat, whereby the learned Sessions Judge was pleased to allow the appeal and set aside the judgment and order passed by the learned Magistrate ordering handing over of gold ingots to respondent no.1.

(2.) IT is the case of the appellant -original complainant that on 15.05.1993, his house was burglarized by thieves and by breaking open the lock applied on the steel cupboard. The gold ornaments were stolen worth Rs.13,250/ -. Therefore, the complainant lodged a complaint before the Police Station. Thereafter, the police investigated the case and arrested the accused.

(3.) THE learned Judicial Magistrate, Mandvi, while acquitting the accused of Criminal Case No.175/1994 by its judgment and order dated 24.08.1984, ordered that the muddamal ingots be returned to respondent no.1.