STATE OF U P Vs. SATYENDRA KUMAR SINGH

JUDGEMENT

(1.) VINOD Prasad, J. Aggrieved by the judgment of acquittal dated 21-5-1985 passed by Judicial Magistrate-I (NR) Railway, Bareilly in Case No. 888 of 1981, State v. Satyendra Kumar Singh and Ors. , under Section 3 Railway Property Unlawful Possession Act (R. P. U. P. Act ). State has preferred this appeal under Section 378 Cr. P. C. alongwith leave to appeal. Leave was granted by this Court and the appeal was admitted on 4-5- 1987. The appeal was expedited on 24-2-1989. The record of this appeal indicated that the trial Court record was ordered to be summoned on 4-2-1991. The office report dated 7-1-1992 indicated that the report which was received from Incharge Record Room, Bareilly indicated that trial Court record was weeded out on 6-9-1990. Hence, this Court ordered for reconstruction of the record on 25-8-1994. The order sheet of this appeal further reveals that the Incharge District Judge, Bareilly, on 13-2-2006, intimated this Court that reconstruction of the record is not possible except two certified copies of entries Nos. 7 and 47 dated 9-1-1981 of the general diary of GRP, Bareilly Junction which was sent by the Incharge District Judge, Bareilly alongwith his report dated 13- 2-2006. The record further reveals that the Additional Chief Judicial Magistrate, (NR ), Bareilly also made a report on 31-1- 2006 that reconstruction of the record is not possible, Now this appeal is listed for hearing.

(2.) THE facts of this case are that on 10-1-1981 S. P. Bhatt, Sub- Inspector accompanied by Chandra Shekhur Sharma and Ram Asrey Singh constables whereon checking duty in Chandausi Railway yard when they found that near line No. 11 from a stationed wagon a person was carrying a bag on his head and a second man was keeping another bag from the wagon on the head of a third person. When the aforesaid GRP personnels proceeded towards the wagon all the aforesaid persons started running. THEy were chased by giving calls as thieves. Constable Mukhtar Ali reached in the spot and all the three persons were apprehended alongwith the bags on the road near Railway Hospital at 12. 50 a. m. who disclosed their names as Pramod Kumar, Girish Kumar and Satyendra Kumar Singh. THE bags were that of Urea manure. THE wagon in question was numbered as ER 58819. Seizure memo was prepared on the spot, signature of witnesses were obtained, recovered manure were sealed, impression of seal etc. were prepared and a case was registered at RPF post Chandausi. Investigation proceeded and culminated into a complaint under Section 3 R. P. U. P. Act against the accused persons who were summoned by the Railway Magistrate, Bareilly. "the accused respondents denied the charge and took the defence of false implication.

(3.) I have heard Sri Danish Iqbal Faridi, learned brief holder in support of this appeal and Sri Madan Singh, learned Counsel for the three accused respondents.