BHURMAL LUMBAJI JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application by original accused No. 2 who along with one other accused was charged with an offence punishable under section 3 of the Railway Property (Unlawful Possession) Act. Accused No. 1 pleaded guilty and therefore, was convicted on his plea, but the present application pleaded not guilty and claimed to be tried. He was later convicted by the trial Court and sentenced to suffer rigorous imprisonment for one year. The matter went up in appeal but the Advocate of the accused as well as the accused both were absent. The appeal therefore was rejected. It is this order passed by the learned Additional Sessions Judge that is now sought to be challenged.

(2.) On 20-4-1973 accused No. 1 Usman Kasam was caught in BAMY Yard while removing copper patties belonging to the Railways. On interrogation he admitted that he was committing theft of these copper patties and was selling them to the petitioner. The first accused after making this statement led the R.P.F. men and the panchas to the shop of the petitioner. The petitioner was asked to produce by accused No. 1, the copper patties and wires which were sold to him by him. The petitioner, therefore, produced the same but could not give any satisfactory explanation of his possession of the railway property. After the necessary investigation, therefore, both were charged with the offence punishable under section 3 of the Railway Property (Unlawful Possession) Act.

(3.) As said earlier, the first accused pleaded guilty and, therefore, was convicted; the petitioner pleaded not guilty and said that the property was now proved to be the railway property. He claimed the property to be his own.