UMAR KHAN Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision directed against an order dated 12th June. 1970. passed by the learned Additional Sessions Judge, Jhansi. dismissing the appeal filed by Umar Khan (applicant) and one more person against their conviction under Section 3 of the Railway Property (Un lawful Possession) Act. 1966, (hereinafter referred to as the Act) and the sentence of one year's rigorous imprisonment to each.

(2.) THE case tinder Section 3 of the Act was started against the present applicant and two other (persons, namely. Lala Ram and Guti. The Special Rail way Magistrate, by his order dated 5th March. 1970, convicted and sentenced all the three accused persons. It appears that no appeal was filed by Guti, but the appeals preferred by Umar Khan and Lala Ram were heard by the learned Additional Sessions Judge. Jhansi, and dismissed by his order dated 12th June, 1970.

(3.) BOTH the courts below have arrived at the finding that the ghamelas (fish plates) recovered from the possession of the accused persons on 17th January. 1970. at 5-30 P. M. near the aerodrome while they were taking them away on a tonga towards Jhansi were railway property and the accused persons could give no reason for possessing those articles.