STATE OF MAHARASHTRA Vs. CHANDRAKANT ANNAPPA SHYANBHAG

JUDGEMENT

(1.) BY this judgment and order dated 29th of January, 1986, passed by the learned Metropolitan Magistrate, 36th Court, Bombay in Case No. 120/s of 1980, the original accused Nos. 1 and 3 are convicted for an offence under section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to, as the said Act ). Original accused No. 2, who was similarly placed as accused Nos. 1 and 3, died pending the trial and hence the prosecution as against him stood abated. For the offence under section 3 of the said Act, the learned Magistrate sentenced accused Nos. 1 and 3 to pay a fine of Rs. 400/- each in default they were directed to suffer simple imprisonment for one month. By the very same order original accused Nos. 4 to 11 were discharged of the offence punishable under section 3 of the said Act. Taking exception to the order of sentence imposed upon accused Nos. 1 and 3 the State has preferred Criminal Appeal No. 248 of 1986 for enhancement of sentence and taking exception to the order of discharge of accused Nos. 4 to 11 the State has preferred Original Revision Application No. 177 of 1986.

(2.) TO state the case of the prosecution in a nutshell, a motorman, Charlie Anvale while on duty on a local railway, on the 16th of January, 1980 found a parcel lying on the railway line between Dadar and Elphenstone railway station. Finding railway markings on the parcel, he took charge and handed over the same to Shri Tiwari, Sub Inspector, R. P. F. for enquiry and investigation. Investigation was carried on by Shri Sadashiv Dahabe, Police Inspector, R. P. F. Investigation revealed that on the night between 15th and 16th January, 1980 while a goods train was stationed at the Dadar railway yard theft in respect of railway property was committed. Various parcels were pilferred from wagon No. NR-34740. The parcels are said to contain Sarees and Darees (Cotton quilts ). The wagon was checked at the Grand Road railway station on the 17th of January, 1980, 10 parcels were found short. They form part of a consignment despatched from Erode to its destination Bombay. During the course of investigation goods worth Rs. 5, 500/- and cash of Rs. 750/- was recovered. Police Inspector Sadashiv Mahale, on the basis of the material collected during investigation, on the 11th of September, 1980 lodged the instant complaint.

(3.) ACCUSED Nos. 1 to 3 are petty merchants from whom, it appears, certain goods in connection with the theft in question were recovered. Accused Nos. 6 to 11 are Rakshaks belonging to the R. P. F. They are alleged to have committed theft of the goods in question by breaking open the railway wagon. Accused Nos. 4 and 5 are porters who have carried the goods which were the subject matter of theft.