LAWS(KAR)-2013-2-320

STATE OF KARNATAKA Vs. ASHOK S/O GURUDANE

Decided On February 07, 2013
STATE OF KARNATAKA Appellant
V/S
ASHOK S/O GURUDANE Respondents

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 24.03.2007 passed by the JMFC-I Court, Hubli in C.C.No.2456/1996, acquitting the accused-respondent of the offence under Section 3(a) of RP(UP) Act, 1966.

(2.) It is the case of the prosecution that on 13.03.1996 at about 7:00 hours, the complainant and his staff visited the Mantur area on the basis of the theft report submitted by CW15. On suspicion they caught hold of accused No.2 and on enquiry, the accused No.2 gave an information in respect of the theft of railway ACB plates committed by him along with accused Nos.3, 4, 7 and 9 near Godke Factory, Old Hubli between 26th and 27th of February 1996 and also between 12th and 13th of March 1996 and further that they had transported the said stolen articles in a tempo bearing registration No.KA-25/7465 and sold the said stolen materials to the accused No.1, who is running Ashok foundry at Unkal and also he sold the ICB plates to accused No.4-Vijaydeep foundry, thereby they are alleged to have committed the aforesaid offences under the Railway Property (Unlawful Possession) Act.

(3.) It is the further case of the prosecution that after obtaining the search warrant, the complainant searched Ashok Foundry situated at P.B.Road on 19.03.1996 in the presence of other accused and he found railway CST-9 plates, 13 broken railway quarter points, two tons of I.C. Places, which were sold by the accused. It is also the further case of the prosecution that accused No.1 confessed for having purchased the stolen articles of the railway and he melted and sold it to the accused for Rs.10,000/-. It is on the basis of the above information, a case in Crime No.1/1996 was registered and subsequently the charge sheet has been filed.