THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.No.1382 of 2010 JUDGMENT The appellant herein was tried for the offence punishable under Section 306 IPC by the learned Additional Assistant Sessions Judge, Tenali in S.C.No.75 of 2006. However, the learned Judge having considered the evidence of P.Ws.1 to 4 and Exs.P1 to P4, came to the conclusion that the appellant is not found guilty of the said offence and accordingly, acquitted him vide judgment, dated 20.06.2006. In the said judgment, the learned Judge ordered confiscation of the unmarked gold and silver items in favour of the State. Aggrieved by the said order of confiscation, the appellant filed the present appeal stating that he is entitled to take the unmarked gold and silver items, which are as under: 1.One gold nose stud, 2. One pair gold ear pogulu, 3. Gold nanutadu, 4. Gold sutrams, 5. Gold bangles, 6. Gold navaratnams ring and 7. Gold pradanam ring with Vinayaka figure. 1. Silver anklets, 2. Silver mettelu. 2. A perusal of the judgment impugned shows that the deceased Sudha Purnima is none other than the wife of the appellant and the trial Court found the appellant not guilty of the offence under Section 306 IPC. Hence, this Court is of the view that as a natural sequel, the appellant is entitled to the said unmarked gold and silver items. It is not as though the deceased is somebody and the appellant has no relationship. As stated supra, the deceased is the wife of the appellant. 3. In these circumstances, this Court is of the view that the judgment of the trial Court insofar as confiscation of the unmarked gold and silver items in favour of the State is concerned, it is erroneous and accordingly, the same is set aside. 4. Accordingly, the appeal is allowed and the trial Court is hereby directed to return the unmarked gold and silver items, as stated supra, to the appellant. ________________________ GOPALA KRISHNA TAMADA Date.23.11.2010. sj