RAM BAHADUR ALIAS PANDIT Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 18.1.1994 passed by the Sessions Judge, Agra dismissing the Criminal Appeal No. 113 of 1993 and confirming the conviction and sentence of the applicant under Section 3 of the Railway Property (Unlawful) Possession Act. The applicant was sentenced to undergo one year R.I. and a fine of Rs. 1,000 in Criminal Case No. 769 of 1980. THIS revision was admitted only on the question of sentence.

(2.) THE applicant was found with unlawful possession of a baby cup-link on 30.12.1979 at about 6.30 a.m. by Head Rakshak M. A. Khan P.W. 3, who apprehended the applicant and the incident was witnessed by Sahzad Khan P.W. 2, Ayodhia Nath P.W. 3 and Head Rakshak Nandan Shyam P.W. 4. After going through the evidence on record, the learned Magistrate found the applicant guilty of the offence and convicted and sentenced him as stated above by his order dated 19.4.1993. Being aggrieved from the judgment and order of the learned Magistrate, the applicant filed an appeal before the Sessions Judge who, after considering the evidence on record, dismissed the same by his judgment and order dated 18.1.1994.

(3.) I have examined the material on record and heard the learned counsel for the parties on the question of sentence.