CHET RAM Vs. STATE

JUDGEMENT

(1.) CHETRAM has been convicted under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 and sentenced to one year's R. I. The order was confirmed in Criminal Appeal No. 476 of 1971 by the 1st Addl. Sessions Judge, Bareilly by his order dated 21-4-1972.

(2.) THE prosecution case is that on 29-7-1969 Goods Train No. M. 4 DN. , during its run, halted near West Cabin of railway station Rosa at about 8:45 p. m, Tribhuwan Datt Tiwari (P. W. 1) and Ram Surat Singh (P. W. 3) both Rakshaks of the R. P. F. started patrolling the train respectively on its northern and southern sides. Rakshak Tribhuwan Datt Tiwari noticed that three persons were busy in removing a mustard bag from Wagon No. NR 28170. He raised an alarm where upon Ram Surat Singh, another Rakshak Girdhari Lai (P. W. 4) and a civil police constable Shah Alam (P. W. 5) arrived it the spot. They, all saw the three persons removing the bag. On seeing them, they left the bag on the northern side of the railway track and made a bid to run away. Two of them succeeded in escaping while the third, culprit who is the revisionist Chetcam, was apprehended at the spot, The bag containing mustard was found lying on the railway trade which was taken in their possession by the Rakshaka. A recovery memo was prepared on the spot. A sum of Rs. 65/-was also mentioned as it was found tied in handkerchief on the person of the applicant which he tried to pass on to the Rakshaks for his release. The applicant was taken to the B. P. F. Rosa where a case against him Was registered. He was duly prosecuted.

(3.) THE applicant denied 'for prosecution allegations and stated that he was brought from has house and was implicated falsely by the Bakshak with whom he had enmity. He examined Chokhey (D. W. 1), Tauley (D. W. 2) and Lakshmi Shanker (D. W. 3) in support of his defence. Bam Asrey Singh (P. W. 2) had admitted that he had given evidence against the applicant earlier at Shahjehanpur in a case under Section 379, Indian Penal Code.