STATE Vs. MUTHALIFF

JUDGEMENT

(1.) APPEAL under Section 378 of the Code of Criminal Procedure, 1973, against the acquittal of the aforesaid Respondent (Accused) of an offence under Section 3(4) of the Railway Property (Unlawful Possession) Act 1966 by the Additional Sessions Court, Thiruchirapalli, dated 20.10.84 and passed in C.A. Nos. 407 & 420/83 respectively. (CC. No. 5 of 1982, the Chief Judicial Magistrate, Trichy). This appeal coming on for hearing on this day, upon perusing the petition of Appeal and the record of the evidence and proceedings between the said Court of Sessions and upon hearing the arguments of Mr. P. Govindarajan, Government Advocate for the Public Prosecutor the Appellant in both the Appeals, and of Mr. K. Jaganathan, Advocate for the Respondent in Crl. A. No. 846/86 and of Mr. K. Kuppuswamy, Advocate for the Respondent in Crl. A.No. 848/1986, the Court delivered the following judgment : These two criminal appeals filed by the State against an order of acquittal relates to one and the same transaction and therefore both the appeals can be dealt within one judgment. Seven accused had been charged under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) THE case against the seven accused is as follows : - On 27.7.1981 between 5.30 and 7.00 p.m. during the course of search of the residence of Al in Door No. 100, Dindigul Road at Manapparai, 48 pieces of rails worth Rs. 15,000/ - belonging to Indian Railways were found to be in possession of A.I. During investigation it was found that they were sold by A -4 to a firm consisting of Al, A -2 and A -3 as partners. A -5 is the driver and A -6 is the cleaner of the lorry which transported the rails from the place of A -4 at Thiruchirapalli to the place of Al of Manappari. A -7 who is an auction purchaser of Railway has sold these rails to A -4.

(3.) ALL the accused denied the charges.