STATE OF U P Vs. BANS RAJ SINGH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order D/-16th of December, 1969 passed, by Sessions Judge, Gorakhpur, acquitting the respondent of the offence under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) THE facts leading up to the present appeal can briefly be stated as under:

(3.) THE prosecution examined nine witnesses in the case. Sri S. L. Mehta, S. I. (P. W. 1) and Rama Shanker Pandey, S. I. (P. W. 2) deposed about the recovery of the aforesaid articles from the possession of the respondent. Prahlad (P. W. 3), Dina Nath (P. W. 4) and Ram Vriksh (P. W. 5) were also examined to prove the same fact but they turned hostile and did not support it. Shambhu Nath (P. W. 6) gave evidence about the articles that were issued to the respon dent from the locoshed. Sri R. P. Srivastava (P. W. 7) and Sri S. N. Datta (P. W. 8) were examined to prove that the articles recovered from the possession of respondent were railway property. Uma Shanker Upadhya (P. W. 9) gave evidence of a purely formal nature. The respondent did not examine any witness in his defence.