HIRA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These two connected criminal revisions have been preferred against the judgment passed in two connected Criminal Appeals Nos. 194 of 1982 and 204 of 1982 by 1st Additional Sessions Judge, Bareilly on 31th Oct., 1984 which concern the same incident. By the impugned judgment the learned Sessions Judge has dismissed both the appeals from the judgment of the learned Judicial Magistrate (Northern Railway), Bareilly dated 23rd June, 1982 whereby the accused have been convicted and sentenced under Sec. 3 of Railway Property (Unlawful Possession) Act, 1966 and each of them were sentenced to one year's R.I. Criminal Revision No. 2366 of 1984 has been referred by three revisionists, Devendra Singh, Shyam Lal alias Shyama and Surendra Singh. Out of these revisionists Shyam Lal alias Shyama had died and a report dated 3rd Feb., 2003 to this effect has been received from the Chief Judicial Magistrate, Bareilly. Accordingly, the revision preferred by Shyam Lal alias Shyama abates. The other Criminal Revision No. 2562 of 1984 has been preferred by Hira Lal.

(2.) Heard Sri P.N. Misra, learned Senior Counsel for the revisionists and learned A.G.A. As the record in this case has not been received Sri Misra states that he is not insisting that the record be obtained before the disposal of the revision and he further points out that he would be satisfied if these revisions are decided on the point of sentence and also it would not be treated as an enhancement of the punishment, if the sentence of imprisonment awarded to the accused persons is reduced to the period already undergone and some fine is awarded to the revisionists. Before considering this prayer of the learned Senior Counsel it is necessary to briefly examine the facts of this case.

(3.) The prosecution story was that on 26th Feb., 1978 at about six in the evening to the west of the railway track at kilometer No. 4/10 near village Maheshpur the revisionists were found in possession of stolen Dalchana in four gunny bags. These bags were alleged to have been stolen from box wagon No. C.R. 66992 in the night intervening 22/23rd Feb., 1978 from Down Lucknow Goods Special, which had been unauthorisedly stopped at the outer signal of Ram Ganga Railway station for about eight minutes. The revisionist Devendra Singh was arrested at the spot with a gunny bag containing Dalchana while the remaining three revisionist are said to have made good their escape and they could not be arrested in spite of chase by the R.P.F. personnel, who had arrived at the spot on information furnished by an informer.