STATE Vs. VENKATASAMY

JUDGEMENT

(1.) THIS appeal is filed by the complainant/state , viz. , Inspector, Railway Protection force, Avadi, against the acquittal of the accused, as per the judgment dated 23. 10. 1997 and made in C. C. No. 1716 of 1987 on the file of the Judicial magistrate No. 1, Poonamallee, in respect of the offence under Section 3 (a) of the railway Property (Unlawful Possession)Act, 1966.

(2.) THE facts that led to the filing of this appeal are as follows: the Criminal Case in C. C. No. 1716 of 1987was filed against the respondents/ accused under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "the act" ). In the complaint it is stated that on 6. 6. 1987 at 4. 30 a. m. , while the Inspector, Railway Protection Force, Avadi, was patrolling with his party near Avadi car shed, the first accused was found in unlawful possession of one grey colour rexine cloth, M. O. 2, with railway marks covered in a dungry cloth, M. O. 1, and he was arrested since he was not having any authority for the possession of the said cloth and the case was registered in crime No. 3 of 1987 under Section 3 (a) of the Act. The properties M. Os. 1 and 2 were seized under Mahazar Ex. P. 1. The confession statement of the first accused (admissible portion is Ex. P. 2) was recorded in the presence of P. W. 8 Murthy and one Ramu P. W. 9 and on the basis of such confession, the house of the second accused was searched where one ceiling fan with regulator (Ranjan Make), m. O. 3, with private marks and railway marks as ELC/trl was found in unlawful possession of the second accused; the same was seized under Search List Ex. P4; the second accused was arrested and his confession statement (admissible portion is Ex. P. 6) was recorded. On the basis of the confession of the second accused, the house of the third accused was subjected to search from where one wooden main switch with mark ELC/o/trl, M. O. 4, was seized under Search List Ex. P. 5; the third accused was also arrested on the same day and his confession statement (admissible portion is Ex. P-6) was recorded under Ex. P. 7. The statements of the witnesses P. W. 2 Murthy and P. W. 9 ramu were recorded under Ex. P. 8 and ex. P. 9 respectively. All the three accused were brought to the Station with properties seized: and they were sent for remand and after completion of investigation, final report was filed.

(3.) THE Judicial Magistrate No. 1, poonamallee, framed charge under section 3 (a) of the Act, against the accused.