(1.) The respondents/A1 and A2 were charged for the offences under Sections 3 (a) of Railways Property (Unlawful Possession) Act , 1966. The trial Court viz. , the Judicial Magistrate No. II, Trichirappalli, by its judgment dated 15. 07. 2013 in C. C. No. 824 of 2003 found the respondents/accused not guilty for the said offence and acquitted them. Against the said judgment of acquittal, the present appeal is filed.
(2.) The learned counsel appearing for the 2nd respondent, on 28. 01. 2020 informed that during pendency of the appeal, the 2nd respondent/A2 passed away on 10. 07. 2016, death certificate produced. This fact was not denied by the learned Government Advocate (criminal side) also. In view of the same, appeal abates in respect of the 2nd respondent/A2.
(3.) The case of the prosecution, briefly stated, are as follows: