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1963 Supreme(Ker) 30

ANNA CHANDY
SIVASANKARA PILLAI – Appellant
Versus
PARUKUTTY AMMA – Respondent


Judgment :-

1. The complainant (Pw.1) in a case charge-sheeted by the police has filed this revision against the order of acquittal. The case of the complainant was that the accused who is the sister of his wife committed theft of a buffalo and calf belonging to him from his possession. pw. 3 gave evidence that the buffalo was sold by her to pw. 1. The buffalo which was found tied to a tree in the adjoining compound of the accused was recovered from there by the police. The accused claimed to have purchased the buffalo from dw.1. The learned Magistrate felt a doubt as to whether the buffalo belonged to pw. 2 the doubt being mainly founded on the difference in the age of the buffalo as given by pw.1 (4 years) and the age of the buffalo that was recovered as noted in the mahazar (8 years). The Magistrate was also of the view that evidence regarding the actual removal from pw. 1's cattle shed was not free from doubt. Hence he acquitted the accused and ordered that the buffalo and calf may be placed status quo ante.

2. The State has not appealed against the order of acquittal and no ground is made out for interference with the order of acquittal in exercise of the revisional jurisdictio


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