GOUDE ILAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner herein (A-5) and four others were tried in CC No. 222 of 1996 for the offence punishable under Section 3(a) of Railway Property (Unlawful Possession) Act, by the learned XIII Metropolitan Magistrate for Railways at Secunderabad and after examining PWs. 1 to 9 and getting marked Exs. P-1 to P-21 and MOs. 1 to 8, the learned Magistrate found all the accused guilty of the said charge and accordingly sentenced each of them to undergo rigorous imprisonment for a period of four months.

(2.) The petitioner herein along with two others filed an appeal and the learned III Additional Metropolitan Sessions Judge by his order dated 24.3.2000 made in Criminal Appeal No. 166 of 1999 confirmed the judgment of the trial Court. Hence, this revision by the petitioner.

(3.) The learned Counsel for the petitioner Sri D.K. Jaiswal strenuously contended that the charge framed against the accused is defective on account of which the petitioner-accused suffered prejudice and could not defend his case properly in the Court below and as such, the conviction and sentence imposed by the Courts below are not sustainable.