STATE Vs. PARAMASIVAM

JUDGEMENT

(1.) The State has preferred this Appeal against the judgment of the learned Principal Sessions Judge, Vellore dated 29.6.2001 made in C.A. No. 44 of 2000, whereby the conviction recorded and sentence of imprisonment and fine imposed by the learned Judicial Magistrate,, Arakkonam in C.C. No. 236 of 1992 were set aside and the respondent herein i.e. the accused in the above said calendar case has been acquitted of the charge for an offence punishable under Section 3(a) of the Railway property (Unlawful possession) Act, 1966 (29 of 1966). The appeal has been preferred after getting the leave of this Court.

(2.) The case of the prosecution, in brief, is as follows:

(3.) P.W.I-Gangadharan, the then Sub-Inspector of Police, Railway Protection Force, Arakkonam found one Durai with suspicious movements carrying a gunny bag near Arakonnam A/c shed at about 4.15 a.m. on 4.1.1989. Therefore P.W.I intercepted the said Durai on suspicion that he might be carrying Railway properties in the gunny bag. On a search made in the gunny bag, P.W.I, found stolen properties belonging to the Railways in the said gunny bag carried by the said Durai. Thereafter, the confession statement of the said Durai was recorded in the presence of P.W.6 - Manoharan and one Rajendran. The properties were also recovered from him under seizure Magazar. As the said Durai, in his confession statement, revealed the fact that he used to steal the railway properties and sell them to waste iron dealers and said that if the police would accompany him he could identify the shop and the shop owner who used to get such stolen railway properties from him. The above said Sub-Inspector of Police, Railway Protection Force, Arakkonam (P.W.I) searched the premises bearing Door No. 95, Gandhi Road, Palani Pettai, Arakkonam which was identified by the above said Durai to be the shop in which he used to sell the stolen railway properties. The said Durai also identified the respondent to be the person to whom he used to sell stolen railway properties. The respondent/Accused was residing in the house available in the said Door number as a tenant under one Joseph Raj, the father of P.W.4- Aroghya Das. In the space that was available on the back side of the building, he had put up a thatched shed and was using it as a shop for his business of purchasing and storing waste iron. The said shop was searched in the presence of P.W.6 - Mahoharan and one Rajendran. In the search thus conducted by P. W. 1, the following railway properties were recovered: