SUBEDAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 08.06.1990 passed in Criminal Appeal No. 125 of 1989 (Subedar vs State and another) dismissing the appeal and maintaining the conviction of the revisionist under section 3 Railway Property (Unlawful Possession) Act reducing the period already undergone and a fine of Rs. 1000/ - with defaulting clause arising out of Judgment and order dated 08.11.1989 passed by Judicial Magistrate, Eastern Railway, Varanasi in Case No. 447 of 1984 sentencing him to undergo one year's rigorous imprisonment and a fine of Rs. 1000/ - with defaulting clause.

(2.) BRIEF facts of the case are that on 02.08.1980, S.I. Chandra Shekhar Singh, A.S.I. B.R. Dutta, Constable Rangnath Singh and Deep Narain Yadav were keeping a watch towards the west of power house hiding themselves near the bushes of the western railway line at about 3.30 a.m. three persons were found coming from loco coal -yard in suspicious circumstances. When they crossed the railway line, they were interrogated and one accused was arrested by constable Krishna Pandey. Two culprits fled away. The person arrested revealed his name to be Subedar Yadav. He was carrying a brass wiring on his shoulder, which was wrapped in a cloth and the logo of the railway was found on the brass wiring. The recovered property was taken in possession by Chandra Shekhar Singh on the spot. The recovery memo was prepared and signature of witness was got on it and recovered articles along with the accused were submitted to the post.

(3.) THE statements of PW -1 A.K. Bagchi and PW -2 Deep Narain Yadav were recorded under section 244 Cr.P.C.