Arun Tandon, J. - (1.) Heard Shri P.C. Shukla, Advocate on behalf of the appellant. Nobody is present on behalf of the defendant even in the revised reading of the cause list. This second appeal is of the year 1976. Facts in short giving rise to the present second appeal are as follows:
(2.) A double barrel gun bearing No. 213347 is stated to have been stolen from the guard of M/s. Amritsar Sugar Mills Company on 11.2.1966 by one accused Ghissu. The proceedings resulted in Sessions Trial No. 95 of 1967. The accused was convicted of an offence under Section 399, 402, IPC by the Sessions Judge. His conviction was however set aside by the learned Sessions judge, Muzzaffarnagar. The order for forfeiture of the gun was upheld. The Company made an application for return of the gun, not being successful filed Criminal Misc. Case No. 1327 of 1971 before the Hon'ble High Court. The High Court passed an order on 25.8.1971 which reads as follows: "There appears no controversy about the facts that the gun belongs to the applicant. The gun went out of their possession when it was in the custody of their Chowkidar and for reason beyond his control. The circumstances of the case warrant that the gun be restored to the applicant who certainly had no (sic) in the commission of the offence under Sections 399/402, IPC. It is therefore, directed that the DBBL Gun No. 213347 which was directed to be forfeited by the Assistant Sessions Judge in S.T No. 95 of 1967 and which order was confirmed in Appeal by the Sessions Judge, shall be returned to the applicant. The order of forfeiture recorded by the Trial Court and Court of Appeal is set-aside."
(3.) While the proceedings were pending, it appears that the gun was put to auction on 5.1.1970 under orders of the Magistrate concerned. One Shah Alam Zaidi, defendant/respondent no. 5 in the present Appeal is stated to have purchased the said gun in the auction held for a sum of Rs. 240/- Shah Alam Zaidi subsequently sold the gun in favour of the present appeallnt namely Rahul Sondhi.;