SHRI KANTHA MAL Vs. H P ADMIN
HIGH COURT OF HIMACHAL PRADESH
SHRI KANTHA MAL
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C.B. Capoor, J.C. -
(1.) This application in revision by Shri Kantha Mal is directed against an order of the learned Sessions Judge Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division whereby the order made by a learned Magistrate First Class Mahasu directing that the ornaments recovered from the possession of respondent No. 2 the accused and the box in which the aforesaid pieces of ornaments were contained be returned to the petitioner was vacated and the aforesaid articles were ordered to be returned to respondent No. 2.
(2.) The petitioner and respondent No. 2 are uncle and nephew and lived in the same house in village Suni. The petitioner and his wife Smt. Reshmu lived in the upper storey and respondent No. 2 on the ground floor. The petitioner filed a complaint against respondent No. 2 for offences under Sections 454 and 380 of I. P. C. and briefly stated the petitioner's case was that a vessel containing 80 tolas of gold and 90 tolas of silver in the form of ornaments and 1500 silver rupee coins and a wooden Box containing currency notes of the value of Rs. 8000/- were kept under ground in one of the rooms on the ground floor of the aforesaid house. That room was locked by the petitioner. Some time in May 1959, respondent No. 2 broke open the lock put to the aforesaid room and committed theft of the aforesaid articles.
(3.) During the course of investigation two gold bangles Ex. P-1, 3 gold rings Ex. P2, one gold Chaua Ex. P-13, a portion of a gold necklace Ex. P-4 and one box containing the aforesaid ornaments Ex. P-5 were recovered from the possession of respondent No. 2. The defence put forward on behalf of respondent No. 2 was that the aforesaid articles belonged to him, that the room on the ground floor from which theft was alleged to have been committed was in his possession and that the allegation that gold and silver articles belonging to petitioner were kept tinder ground in the aforesaid room was incorrect.;
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