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1971 Supreme(Ker) 207

E.K.MOIDU
SIVASANKARA PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. A trio, the petitioners who are P.Ws.17 to 19 in C. C. 857 of 1969 of the Sub Magistrate's Court, Parur preferred each of these petitions against the order of the Sub Magistrate directing the return of M.O.12, gold bangles and M.Os.14 and 15 series gold pieces to P. Ws.l and 29 on acquittal of the 3 accused persons in respect of offences under S.380, 457 and 461 of the Penal Code

2. The 3 accused persons were charged for the theft of M.Os.1 to 19 out of a box which was kept in a room of the house in which pws.1 and 29 lived on the night of 216 1967. The charges were laid against the accused persons on the strength of the first information furnished by pw.1. During the investigation, the accused persons were arrested on 16111967.On the basis of the information furnished by the accused persons, M.Os.1 to 19 were seized on 20-1-11967, M.O.12 bangles from pw.17 under Ex. P12 mahazar, M.0s.14 series from pw.18 under Ex. P13 mahazar and M.O.15 series from pw.19 under Ex. P19 mahazar. They admitted that the gold of which M.O.12 bangles were made as well as M.0s.14 and 15 were sold to them by the 1st accused in June, 1967. The 1st accused also admitted in his statement that h











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