VIJAY PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 22.09.2005 passed by the Additional Sessions Judge, Court No. 13, Moradabad in Criminal Appeal No. 5 of 2005 under section 3 R.P.U.P. Act. dismissing the appeal and confirming the order dated 25.01.2005 passed by the trial court in Criminal Case No. 1775 of 1998, whereby the revisionist was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 2000/ - with defaulting clause.

(2.) BRIEF facts of the case are that on 19.08.1998 S.I. Shiv Nath Singh along with Head Constable Surendra Singh Bangari and Constable Dinesh Singh were on patrolling duty. While they were going from west to east at railway platform No. 1 Railway Station, Rampur, they saw two persons, who were crossing the railway line from south to north. Both of them were having some articles bearing weight, which was in plastic bags hanging on their shoulders. On suspicion they were asked to stop, but the accused persons started walking rapidly. Both the accused persons along with articles in their possession at about 12.50 p.m. on the eastern corner of the railway platform No. 1 were interrogated. One of them told his name to be Vijay Pal from whose possession one Railway Break Block on which word W -900 KLK was written was recovered. The property was sealed on the spot in plastic bags and complaint was filed.

(3.) THE accused denied the charges framed against him and claimed to be tried.