AJIT KUMAR GHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The only point raised on behalf of the appellant by his learned counsel Shri A. K. Nag is based on the argument that the provisions on S. 342, Criminal Procedure Code were not complied with by the trial court.

(2.) The appellant was charged under S. 411, Indian Penal Code and under S. 3 of the Railway Stores (Unlawful Possession) Act, 1955, According to the prosecution case on January 7, 1967 Shri K. K. Venkateshwaram, Sub-Inspector of Railway Police Force Chakradharpur, along with others, was coming to Chakradharpur in a third class bogey of 328 Down Nagpur-Chakradharpur Passenger train. They heard some knocking sounds emanating from the adjoining bogey when the train was between Jaraikela and Manoharpur railway stations. As soon as the train reached Manoharpur station Venkateswaram, along with P. Y. Kundulu, Head Rakshak and D. Bhaskar Rao, went into the adjoining bogey and found the accused alone there. On inspection of the bogey they detected that the mirror of its latrine had been taken out. They questioned the accused about the missing mirror but he denied all knowledge about it. Thereafter the bag of the accused was searched and from it a mirror bearing the mark "IR" was recovered. On these facts the police registered a case under Ss. 379/411, Indian Penal Code. But in the trial court the charges were confined to S. 411, Indian Penal Code, and S. 3 of the Railway Stores (Unlawful Possession) Act, 1955. The trial court convicted the appellant under both the sections and sentenced him to undergo rigorous imprisonment for six months under each count, the sentences to run concurrently.

(3.) On appeal the learned additional Sessions Judge, Singhbhum at Chaibassa affirmed the order of the trial court.