S.S.Byas, J. - (1.)This revision is directed against an order of the learned Sessions Judge, Balotra dated June 4, 1981 passed in an appeal under Section 454, Cr. P.C. relating to the delivery of the property.
(2.)Very fiew facts need narration for the disposal of this revision. Kanraj who is respondent No.2 in this proceedings, loged a written report on 17/8/75 at police station, Balotra stating therein that in his absence, unknown miscreant renounced the house situate in his town Pachpadara and decamped with gold and silver ornaments and other properties of huge value running in several thousand of rupees. The police took up the investigation and rounded up the burglars with their andes. The manor portion of the stolen properties and in original and converted shape were recovered in consequence of the informations furnished by the culprits whilst under police custody. On the completion of investigation, the police presented a charge-sheet against six persons including the revision-petitioners Balkishan and Meghamal. The case was tried by the Munsif and Judicial Magistrate, Balotra. Charges under section 411 and 414, I.P.C. were framed against them and Kamal Kishore and respondent No.3 Parasmal. Charges under section 457 and 380 I.P.C were framed against Govindlal and Jagdish. On the conclusion of trial, the revision-petitioners and Kamal Kishore were acquitted. The remaining three were convicted and sentenced. The properties which were recovered by the police included one gold ingot weighing 9.6 tolas and currency notes of Rs. 7,841. The said ingot was recovered from petitioner Balkishan, while the currency notes of Rs. 7,841 were recovered from accused Parasmal (convicted and sentenced). The Munsif and Judicial Magistrate held that the aforesaid gold nugget was not proved to be the stolen property. He further held that the currency notes of Rs. 7,841 which were recovered from accused Parasmal belonged to the revision-petitioner Meghamal, which he had paid to Parasmal as the price of another gold nugget. weighing 13 tolas. The Magistrate, therefore passed an order that the gold nugget weighing 9.6 tolas be returned to revision-petitioner Balkishan and the currency notes of Rs. 7,841 be returned to the other revision-petitioner Meghamal. Aggrieved against this order of the Magistrate, Kamal filed an appeal under section 454 Cr. P.C. In appeal the learned Sessions Judge reversed the above part of the order of the Magistrate and directed the delivery of the said properties i.e. gold nugget weighing 9.6 tolas and currency notes of Rs. 7,841 to respondent Kamal. Dissatisfied with this order of the learned Sessions Judge dated June 4, 1981, Balkishan and Meghamal have rushed up in revision.
(3.)I have heard the learned counsel appearing for the parties and the Public Prosecutor. I have also gone through the record carefully.