STATE Vs. RAMASAMY M

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the order of acquittal passed by the learned VII Metropolitan Magistrate, G.T., Madras in C.C. No. 585 of 1977 acquitting the respondent-accused for an offence under section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) THE case of the prosecution in a nutshell is as follows: P.W. 2 is the Sub-Inspector of R.P.F., Royapuram. On 14th December, 1976 at 4.50 a.m., when he was on a confidential watch in between Washermanpet Railway station and M.C.C. level crossing gate, he saw the accused carrying a cloth bundle concealed in his left arm-pit and going from east to west. P.W. 2 stopped him on suspicion near the bridge and questioned him about the bundle. THE accused was not able to give an explanation of his possession of the bundle. Hence, P.W. 2 checked it in the presence of witnesses and found it contained one railway dynamo belt with marks -Oriental Bombay 78-1975-. M.O. 1 marked in this case is the belt. It was seized tinder cover of a mahazar, Exhibit P-2. As no independent witnesses were available, P. W. 2 could not get Exhibit P-2 attested by anybody. He took the accused to R.P.F. post along with M.O. 1 and registered a case in Crime No. 65 of 1976, under section 3 (a) Railway Property (Unlawful Possession) Act, 1966. A statement was recorded from the accused which is marked as Exhibit P-3. THE case property was subsequently produced in Court.

(3.) ON the incriminating circumstances appearing against the accused, when questioned the accused denied the offence and examined two witnesses on his behalf.