THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.356 OF 2010 ORDER: 1 Pursuant to a report given by the petitioner a case in Cr.No.167 of 2005 was registered by Mangalgiri Town Police station against the accused therein for the offences punishable under Sections 302 and 379 of IPC. After investigation a charge sheet was filed and on committal the same was numbered as Sessions Case No.65 of 2009 on the file of the Court of the I Additional Sessions Judge, Guntur. During the course of trial, the petitioner was examined as P.W.1 and 17 more witnesses were examined on behalf of the prosecution and Exs.P.1 to P.16 also were marked. The learned Additional Sessions Judge, having analysed the entire evidence let in by the prosecution, came to the conclusion that the accused therein are not guilty of the offences for which they were tried and accordingly acquitted them. However, in so far as the material objects are concerned, the court below gave a finding that M.Os 1 to 3, 5 to 8, 11 and 12 alone shall be released in favour of the petitioner, but with regard to M.Os.4, 9, 10 and 13 to 19, they were ordered to be confiscated in favour of the State. Questioning the said finding, the petitioner approached this court and filed the present appeal. 2 Heard the learned counsel for the appellant and the learned Additional Public Prosecutor. 3 It is clear from the evidence that all the articles were seized from out of the possession of the accused on 20.10.2005 and as per the statement recorded, the said items and other material objects were stolen from the house of the petitioner. In fact, the petitioner right from the date of giving of the report has been claiming the said property. Even during the course of evidence he has categorically stated that the said items belong to him. In fact, he was the person who identified the said material objects. 4 In the light of the said evidence, in my considered view, the court below ought to have ordered release of the said material objects also in favour of the petitioner. As there is no other claimant and the evidence is to the effect that the said items also were stolen from the house of the petitioner, this court has no hesitation to come to the conclusion that the petitioner is entitled to have the possession of the said articles. 5 Accordingly, this appeal is allowed and the said material objects i.e. M.Os.4, 9, 10 and 13 to 19 are directed to be released in favour of the petitioner. -------------- 12.03.2010 Kvsn