STATE Vs. RADHAKRISHNAN

JUDGEMENT

(1.) The Sub-Inspector of Police, Railway Protection Force, Katpadi registered a case in Crime No. 17/80 for an alleged offence under S. 3(1) of the Railway Properties (Unlawful Possession) Act (for short "the Act") and took up further investigation.

(2.) The subject matter of theft is Golkonda Brandy bottles belonging to the Railways. He happened to arrest Mohan (accused 1) and he is stated to have given a voluntary confession statement to him implicating himself and others, namely, Radhakrishnan (accused 2), Rajason (accused 3) and Chinnappan (accused 4) and one Gajendran (since deceased). The deceased Gajendran was also stated to have given a voluntary confession, implicating himself and the rest of the accused in the crime. Accused 1, pursuant to the confession was said to have pointed out accused 3 and 4 and from the lands belonging to them, it is said, the stolen properties, namely, Golkonda Brandy bottles, which were stated to have been kept concealed underneath, have been recovered and the recovery was stated to have been witnessed by independent witnesses. Accused 2 is likewise said to have pointed out by accused 1, from whom a cash of Rs. 750/- representing the sale proceeds of some of the Brandy bottles belonging to the railways had been recovered and the seizure was also effected by the preparation of contemporaneous Mahazar, evidenced by independent witnesses.

(3.) These things apart, accused 2 to 4 were also stated to have given confessional statements to P.W. 1, to a personnel belonging to Railway Protection Force. After completion of the investigation, a complaint had been filed, which was taken on file as C.C. No. 761 of 1991 on the file of the Judicial Magistrate No. I. Vellore, North Arcot.