KAPIL DEV PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned AGA and perused the records.

(2.) This criminal revision has been filed against the judgment and order dtd. 24/4/2009 passed by the ACM (Northern Railway), Gonda in Criminal Case No.371 of 1997 (State Vs. Kapil Dev Pandey and another) as well as the judgment and order dtd. 7/8/2009 passed by the Additional Sessions Judge, Court No.6, Gonda in Criminal Appeal No.14 of 2009 (Kapil Dev Pandey Vs. State of UP).

(3.) The brief facts of the case are that on 3/10/1996 the informant, Kailash Prasad, deployed as gangman gang no.13 as gateman at gate no.113-C, at about 19:30 hour saw two persons in suspicious condition bringing some heavy article towards the gate. Upon some doubt, when he asked them to stop, both of them tried to run away but were caught by him with the help of Harishchandra - gangman, gang no.13 and Baijnath, gateman gate no.113-C. Upon being inquired, they both told their names as Kapil Dev Pandey and Ramesh Kumar Shukla and from the possession of Kapil Dev Pandey IRS(T)5OR written one bearing plate and from the other accused one simple bearing plate was recovered. The accused persons informed that the recovered articles were stolen from railway line near the bridge which was confirmed by the informant. Thereafter FIR was lodged at Crime No.05 of 1996, under Sec. 3 Railway Property (Unlawful Possession) Act, 1966 (for short 'the Act, 1966'), Police Station Tulsipur, District Gonda (Balrampur). After investigation charge sheet was submitted, charge was framed under Sec. 3 of the Act, 1966 against the accused which was denied by them and they sought for trial.