STATE OF MAHARASHTRA Vs. SHIOCHARAN BHANJI AND OTHERS

JUDGEMENT

(1.) This application arises out of an order dated 10th March 1975 passed by the Judicial Magistrate, F.C. (Railways), Nagpur on Exhibit-17 in Criminal Case No. 2715 of 1974.

(2.) Some of the facts necessary to be noted are these. A Goods Train No. JTJ reached Nagpur on 1-8-1974. Two Railway Constables of the Railway Police Force were escorting the said train from Teegaon to Nagpur. After reaching Nagpur, they reported at R.P.F. Post, Nagpur that Wagon Mo CR-64481 Ex-SOJ to CLT containing rice, Wagon No. CR-21028 Ex-BMZ to KPAD containing Tur Dal and Wagon No. CR-22435 Ex-Bidpur to Banglore containing gram and Tur Dal were found without rebett and seals were missing at Teegaon station and hence these wagons were re-sealed at Teegaon. On account of this first information, an offence was registered at Nagpur R.P.F. Post. P.S.I. Rahman of R.P.F. Nagpur went to Chachuda for enquiry. On 2-8-1974 he found that upto a distance of 100 yards from the outsider signal towards the railway line there was a trace of Tur Dal and Gram Dal scattered and that trace was leading upto Wardha River and then the trace disappeared.

(3.) On further information P.S.I. Rahman went to Gadra village for recovery of the stolen property. On 4-8-1974 on the search of the house of accused No. 4, 8 bags containing Tur Dal and Gram were recovered. Some of these gunny bags had railway markings. At that time accused Nos. 7 and 8 were also in the house of accused No. 4. They, however, ran away on seeing the police. The accused No. 4 then made a confessional statement and according to his confessional statement it was found that accused Nos. 2, 8 and 7 had victimised the wagon at Chachuda outer signal and four bags were removed from one wagon and those bags were concealed in the bushes near Wardha River and later on disposed of. It further transpired in the investigation that accused Nos. 1, 2, 7 and 8 disposed of the bags to accused Nos. 4 and 5. In the investigation, a confessional statement was further recorded of accused No. 5. On completing the investigation, a complaint was filed in the Court of the Judicial Magistrate, First Class (Railways), Nagpur by P.S.I. Rahman of the R.P.F. Nagpur. This complaint was filed at Nagpur because the offence was registered at R.P.F. and the offence was committed on its journey.