STATE OF UP Vs. AMARJIT SINGH

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dated 13th November, 1976 passed by Sri. K.N. Singh, Railway Magistrate, Aligarh in Criminal Case No. 1683 of 1975 by which the accused persons have been acquitted for the offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966.

(2.) The case of the prosecution, in brief, has been that on 12th April, 1975 Munni Lal Inspector, C.I.B. R.P.F. alongwith Sri Kant Tripathi, Han Singh Arya and others happened to see the accused persons Amarjjt Singh, Salim, Yamin alias Pantel and Waris going from east to west in Aligarh Railway-yard at about 2-00 P.M. and, as they were carrying something on their shoulders, the aforesaid party of Railway Protection Force challenged them and after a short chase apprehended them and recovered one fish plate and two nos. T.W. keys from the possession of Amarjit Singh; one fish plate and 2 nos. T. Waykeys from the possession of Salim; one fish plate broken and 2 Nos. T. way keys from the possession of Yamin alias Pantel arid one fish plate and two allotted holes and shin and two Nos. Two way keys from the possession of Waris. The aforesaid recovered properties were sealed at the spot and a complaint was filed against the accused persons after investigation of the case. The prosecution in order to prove its case, examined Satish Chand. (P.W. 1) who has given his report to the effect that the articles in question were railway property and that each item costs approximately Rs: 10/- only and that except item no. 1 and 2 others were not serviceable. The prosecution has also examined Han Singh Atya S.I. R.P.F. (P.W. 2) and Sri Kant Tripathi Head R.K. (P.W. 3) who have deposed about the recovery of the property and arrest of the accused persons. P.W. 4 D.L. Shah investigated the case and had prepared the siteplan Ex. Ka. 4.

(3.) Accused persons pleaded not guilty. They did not give any evidence in defence.