PRAKASH CHINDHU BORSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both these petitions, order of conviction and sentence passed by Judicial Magistrate, First Class (Railways) Bhusawal in regular Criminal Case No. 216/1993 on 8-11-1994, convicting the petitioners of the offence punishable under section 3 (a) of the Railway Property (Unlawful) Possession Act, 1966 (hereinafter to be referred as RPTJP Act) and sentencing them to suffer simple imprisonment till rising of the Court and to pay fine of rs. 300/- in default, to suffer R. I. for one month.

(2.) The matter was carried in appeal. Learned Sessions Judge, Jalgaon dismissed Appeal Nos. 75/1994 and 76/1994 by Judgment and Order dated 17-1-1998, confirming the order of conviction and sentence passed by learned Trial judge.

(3.) The facts, in nutshell are that the petitioners are employees of Railways and were serving as Gangman at Dharangaon railway station. On 28-5-1993 r. P. F. constable Shri Dayashankar Mishra (PW-2) was performing patrolling duty in railway yard at Dharangaon. At about 8. 45 p. m. , goods train carrying coal stopped at the station. The petitioners climbed the railway wagon and dropped coal on the railway track from the wagon. They alighted from the wagon and were putting the coal in gunny sacks which they were carrying with them. At this stage, they were apprehended by R. P. F. constable Dayashankar Mishra. It was found that petitioner No. 1 Prakash Borse was having 46 kg. coal, petitioner No. 2 -Uttam Tayade was having 37 kg. coal and petitioner - Pralhad Baviskar was having 31 kg. coal in their respective gunny sacks. R. P. F. constable Dayashankar mishra relayed this message to A. S. I. Subhedarsingh through Station Master, as a result, A. S. I. Subhedarsingh came to Dharangaon with constable Jaisingh by 77 dn. Surat-Bhusawal passenger train. He seized the coal from the petitioners under panchanama. He also prepared panchanama of scene of occurrence and obtained a certificate from Station Superintendent Rupchand Waghode (PW-5) regarding passage of goods train at the relevant time. After investigation, charge-sheet was filed.