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1996 Supreme(AP) 967

N.Y.HANUMANTHAPPA
DONTHULA RAJALINGAM – Appellant
Versus
VANGALA VENKATA RAMA CHARY – Respondent


N. Y. HANUMANTHAPPA, J.

( 1 ) THESE two criminal revision cases are filed aggrieved by the judgment passed by the Additional Sessions Judge, nizamabad in Criminal Appeal Nos. 14 and 18 of 1991 dismissing the accused appeal no. 14 of 1991 and allowing the defacto complainant s appeal No. 18 of 1991 and directing that M. Os. l to 3 i. e. cash of rs. 40,000/- (M. O. I), gold chain (M. O. 2) and gold gundlu with eenalu (M. O. 3) to be returned to the complainant.

( 2 ) THE facts of the case in brief are as follows: The revision petitioner in cr. R. C. 229/93 who is the accused-appellant in Crl. Appeal 14/91 has been charge-sheeted by the Inspector of Police, nizamabad town for the offences punishable under Sections 457 and 380 of indian Penal Code stating that on the night of 23-3-1988 at about 8-45 p. m. he gained entrance into the house of the defacto complainant and committed theft of M. Os. 1 to 3. The trial court disposed the case on merits by its judgment dated 21-1-1991 acquitting the accused for the offences alleged and confiscating M. Os. 1 to 3 to the State. Aggrieved by the confiscation order the complainant filed Crl. Appeal 18/91 contending that M. Os. 1 to 3 belong to him






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