STATE OF MADHYA PRADESH Vs. MUKESH

JUDGEMENT

(1.) Leave granted.

(2.) Respondents were working as reservation clerks. They were posted at Indore Railway Station. The Assistant Sub Inspector of General Railway Police, Indore, on an information received by him that one person had illegally been purchasing tickets from reservation counters, came to the reservation office and in the process apprehended a person named Suresh Shah. He was from Mumbai. From a search conducted, 94 tickets of different trains and some filled up as well as some unfilled reservation demand forms were recovered from him. A sum of Rs. 33,403/- was also found in his possession. A First Information Report was lodged. Allegedly, during investigation of the said case, he was found to have been carrying business in procuring reservation tickets illegally. Respondents herein were said to have abetted in commission of the said offence. On the said charge, Respondents herein with the aforementioned Suresh Shah were prosecuted.

(3.) Whereas the said Suresh Shah was charged under Section 143(1) of the Railway Act, 1989, Respondents herein were charged under Section 143(2) thereof. When the case was at an advanced stage, the said Suresh Shah absconded. The trial, however, was concluded against Respondents. They were found guilty of commission of the offence charged against them and were sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 10,000/- in default whereof they were directed to undergo further 6 months rigorous imprisonment. They preferred an appeal there against before the Sessions Judge which was transferred to the Court of 6th Additional Sessions Judge, Indore and registered as Criminal Appeal No. 78 of 1999. The said appeal was dismissed by an order dated 1.05.2002. A revision application was filed before the High Court by them which by reason of the impugned judgment has been allowed. The State of Madhya Pradesh is, thus, before us.