RAMU KASHYAP @ RAMAWTAR KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the revisions arise out of the same judgment dated 17.07.2008 passed by Sessions Judge, Bilaspur (C.G.), in Criminal Appeal No. 31 of 2008, they are being disposed of by this common order.

(2.) Facts necessary for disposal of the cases are that on 18.12.2005, M.K. Mukharjee (PW-1) Inspector, Railway Protection Force, Pendraroad received a secret information from the informer regarding theft of Railway property. On 19.12.2005 at about 20.30 PM, he along with his associates reached the place and saw that CST-9 plates belonging to Railway were loaded by some persons in two vehicles namely Tata 207 and Tata 407. They stopped the accused/applicants and as during inquiry, they did not offer proper explanation, they were searched in presence of his staff members. 70 pieces of railway CST-9 plates were found in Tata 207, 90 pieces of railway CST-9 plates and 16 pieces of broken CST-9 plates were found in Tata 407 which was in their possession. Those persons, however, failed to explain as to how they came in possession of the Railway properties recovered from them. They could not even produce any authority letter for carrying the same. On inquiry, it was revealed from the statements of the accused/applicant that they have stolen the Railway property and the said railway property was hidden in the forest. After investigation charges under Section 3(A) of the Railway Property (Unlawful Possession) Act, 1966 were framed against them.

(3.) After examining the material available on record and the evidence of the witnesses the trial Court convicted the accused/applicant under Section 3(A) of the Railway Property (Unlawful Possession) Act, 1966. The findings recorded by the trial Court have subsequently been confirmed by the lower Appellate Court by the judgment impugned and it is that which is under challenge in this revision.