RAJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision under Sec. 397 Crimial P.C. is a sequel of an incident of 16th March, 1990.

(2.) At the relevant time of incident revisionist Raja Ram was electric fitter in general electric repair shop. Railway workshop, Gorakhpur, Ramdhani Tripathi, P.W. 2 was Rakshak in Railway Protection Force. Munstafa Husain, P.W. 3, was Gate Sergeant of the Railway workshop. Narendra Deo Sharma, P.W. 1, was Assistant Engineer (Electrical) in N. E. Railway with Headquarters at Gorakhpur, Gangotter Prasad P.W. 4 was Sub-Inspector of the Railway Protection Force. Prosecution Story is that on 16th March, 1980 at about 6.45 P.M. Rakshak Ramdhani Tripathi. P.W. 2, was on duty on the gate of the Railway workshop. Gate Sergeant Mustafa Husain was also on duty. Revisionist Raja Ram, after end of the shift, was going out of the gate. On his waist hard substance was palpated. On suspicion his clothes were taken off and on search three bunches of copper wire were recovered from him. They were sealed Recovery memo was prepared. Copper wire was sent for examination to Narendra Deo Sharma, P.W. 1, who submitted report, Exhibit 2, that they were used in various electrical equipments of the railways that in the present condition they were not serviceable, such railway material was not being auctioned such wire were available in the market such wires were used in various machines, equipments and installations of different shops as well as in repair shop and the approximate cost of then wire was Rs. 200.00 case was investigated by Gangotter Prasad, P.W. 4, Ultimately, complaint for offence under Sec. 3 of the Railway Property (Unlawful Possession) Act was submitted against the ravisionist.

(3.) For bringing home the guilt against the revisionist prosecution examined the aforementioned Railway Engineer, P.W. I recovery witnesses Rakshak, P.W. 2, and gate sergeant P.W. 3, and Investigating Officer, P.W. 4, Prosecution further relied upon documents which need not be narrated in detail.