GAURI RAM Vs. STATE OF U P

JUDGEMENT

(1.) GAURI Ram was convicted by the Sub-Divisional Magistrate. Robertsganj. under Section 5 of the Telegraph Wire (Unlawful Possession) Act and sentenced to one year's rigorous imprisonment. He filed an appeal which was dismissed by the Temporary Civil and Sessions Judge. Mirzapur on 5. 11. 1969. Thereafter he has come up in revision to this Court. The revision came up for hearing before the learned single Judge who has referred this case for disposal by a Bench.

(2.) THE case for the prosecution is that the accused was found in possession of six and half kgs. of telegraph wire at 8. 25 P. M. on 7. 7. 1968 in village Ninga in contravention of the provisions of Section 5 of the Telegraph Wire (Unlawful Possession) Act (hereinafter called the Act ). That Pratap Singh (P. W. 2), Station Officer of Police Station Chopan received information through an informer on 7. 7. 1968 that the applicant along with others had gone for cutting the telegraph wire. He collected Bhola (P. W. 3) and Naradmuni (P. W. 4) and proceeded to village Ninga accompanied by a posse of Police constables from the outpost. About half a mile south of village Ninga near the telegraph line they heard the movements of some persons. It was about 8. 15 p. m. On lighting their torches they saw five or six persons rolling copper wire. A chase was given to them. All except the applicant escaped. The applicant was caught near poll No, 129/8. On search being taken six and half kgs. of wire was recovered from his Jhola. Recovery memo Ext. Ka 2 was prepared on the spot in the presence of the witnesses. The accused-applicant -was brought to the Police Station and a case was. registered against him under the aforesaid Act.

(3.) BASHISTHA Misra, S. I. II (P. W. 7) conducted the investigation of the case. He interrogated the witnesses, prepared site-plan Ext. Ka 6 of the place where the applicant was arrested with the incriminating article. He took the torch in his possession and prepared its memo Ext. 7. The wire was sent for examination to Shri Ram Mohan Khare (P. W. 1) Assistant Engineer Telephone, Varanasi. On receipt of his report to the effect that the wire in question was telegraph wire. Sheo Narain Singh (P. W 5) the then Station Officer, submitted the charge-sheet against the accused. Sanction for prosecution was duly obtained as required under Section 7 (1) of the Act. The Superintendent of Police, Mirzapur was authorised to file the complaint under Section 5 of the Act. The Drosecution in support of its case examined Pratap Singh (P. W. 2) Station Officer Chopan, Bhola (P. W. 3) and Naradmuni (P. W. 4) as witnesses of fact and Sri Ram Mohan Khare (P. W. 1) as the expert of the telephone wire.