CHINNA Vs. STATE

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment of the Session Judge, Hassan, confirming on appeal the judgment of the Munsiff-Magistrate, Arsikere, convicting the two appellants for an offence under S.3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter called the Act) and sentencing them each to undergo R.I. for one year. The case of the prosecution was that 187 bags of jowar was booked on 4-8-73 from Mysore by the goods train and the consignment was kept in a wagon which reached Habbanaghatta Railway Station on the night between 6/7-8-73, At that railway station, eight of the jowar bags from the consignment were stolen and were kept underneath a culvert at a distance of about 30 or 40 yards from the station yard. As the seal of the wagon was found disturbed at the railway station of Habbanaghatta, some information regarding theft was sent to the Head Rakshak, RPF, Hassan (PW.6). The latter in turn sent the information to his higher officer, the Sub-Inspector (PW.1). After receiving the information, PW.1 came to Habbanaghatta. PW.6 also came to that station from Hassan. They reached Fabbanaghatta on 8-8-73 and the enquiry started. PW.1, during the course of that enquiry found the two appellants accused near the culvert carrying each half bag full of jowar. Upon interrogation, the two accused gave information to PW.1 that they had kept six of the jowar bags belonging to this consignment below the culvert. Accordingly, at the instance of the two accused, six jowar bags were recovered from the culvert. On 9-8-73, the statements Exts.P4 and P5 as made by the two accused were recorded by PW.1.

(2.) As the seal of the wagon was found tampered with at Habbahaghatta, fresh seal was put on one side of that wagon, the other side was found duly sealed as that seal was put at Mysore, the starting station. Thereafter, the wagon was sent in that sealed condition to Arsikere station and on 11-8-73, in the presence of that station-master, the wagon was opened and instead of 187 jo'wer bags only 179 bags were found. In this manner, eight jowar bags were found short. Thereafter, the Chief Goods Clerk, Arsikere (P.W.2) sent a message (Ex.P.8) in respect of the theft. On that basis, the complaint was filed before the Magistrate.

(3.) The prosecution produced six witnesses of whom P.W.1 and P.W.6 belonged to the R.P.F. and they, in fact, conducted the enquiry. PW.4, the Commercial clerk, Mysore, came to establish that 187 bags of jowar were loaded at Mysore in that wagon. The Chief Goods Clerk (P.W.2) of Arsikere was also produced. Besides them, the other two witnesses were P.W.3 and P.W.5 who were the mahazar witnesses for the recovery of the two half bags and the other six full bags lying underneath the culvert. The defence of the two accused was one of bare denial. They-did not produce any defence witness.