Judgement

MAHAJAN J. : This is an appeal by special leave against the judgment and order dated 4-12-1950 of the Madhya Bharat High Court in Criminal Revision No. 139 of 1950.

2. The appellant Pushkar Singh stood his trial for offences under Ss. 449 and 372, Gwalior Penal Code, before the Additional City Magistrate of Lashkar. The Magistrate held that no case was established against him and that the sum of money recovered from Pushkar Singh s house belonged to him.

The prosecution evidence to the effect that Pushkar Singh brought the money from inside and gave it to the police was disbelieved and it was found that it could not be held that this money belonged to the complainant or appertained to the theft committed in his house. As a result of these findings Pushkar Singh was acquitted. As regards the articles and the money taken from Pueshkar Singh s house, it was ordered that they be returned to him after expiry of the period for appeal. The learned Sessions Judge dismissed an application for revision made to him by and on behalf of the complainant. Against the decision of the Magistrate ordering that the sum of Rs. 463 recovered from Pushkar Singh s house be returned to him. Mst. Ka