SUB INSPECTOR RPF Vs. RADAPAKA RAMESH

JUDGEMENT

(1.) The Sub-Inspector, R.P.F., Lallaguda Workshop represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, preferred this criminal appeal as against the respondents herein in view of the acquittal recorded by the XIII Metropolitan Magistrate for Railways at Secunderabad by his judgment dated 1st day of May, 1997 in C.C. No.264 of 1995 finding that A-1, A-2, A-4, A-6 and A-7 are not guilty of the offence under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 hereinafter referred to as "the Act" for the purpose of convenience. No doubt, A5 was convicted and sentenced to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of one month. But, however, no separate appeal was preferred praying for enhancement of sentence as against A-5. The case against A-3, inasmuch as he pleaded guilty, was disposed of on 13-12-1995 in C.C.No.l46 of 1995.

(2.) The brief facts of the case are that on 14-6-1995, while complainant along with his Inspector and staff had been on rounds, apprehended A-1 to A-4 while they were in possession of alluminium axle box covers with railway marks, outside the boundary wall of Workshop, Lallaguda on the northeastern side road over the bridge. It is the version of the prosecution that on enquiry, A-l to A-4 stated that they had committed theft of the said property from the Workshop of Lallaguda and they were taking the same for disposal, and the accused also stated that they along with A-7 committed similar offences on prior occasions and disposed of the same to A-5 and A-6 through A-3. It is needless to say that the case was separated on admission of guilt made by A-3, and the same was disposed of on 13-12-1995 in C.C.No.146 of 1995. The complainant arrested A-l to A-4 and seized four axle box covers under the cover of an occurrence report Ex.P-1 and the complainant brought A-1 to A-4 to the R.P.F Post, Lallaguda and registered a case in Cr.No.3 of 1995 under Section 3(a) of the Act and recorded the statements of A-l to A-4 and it is stated that they had admitted their guilt. On 14-6-1995, at about 12-20 hours the complainant along with Inspector, staff and mediators as lead by A-3, went to the scrap shop of A-5 at H.No.12-10-409/ 22, Namalagundu, Secunderabad, and A-3 identified A-5 as the person to whom he sold alluminium plates stolen on prior occasions to an extent of 70 Kgs at the rate of Rs.30/- per kg. On enquiry, A-5 also admitted the transactions and produced four axle box covers available in the shop and the same were seized by the complainant under the cover of panchanama in the presence of two panch witnesses. A-5 was arrested and later his statement was also recorded. On the same day, at 15.15 hours, as lead and shown by A-3, the complainant along with the Inspector, staff and mediators went to the scrap shop of A-6 at Annapurna Nagar Colony, Mallapur bearing H.No.5-1-84/3 in plot No.64 and A-3 identified A-6 as the person to whom he sold alluminium plates weighing about 14 kgs at the rate of Rs.30/- per kg. and on enquiry, A-6 also admitted the purchase of axle box covers and produced two axle box covers and the same were seized by the complainant under a cover of panchanama in the presence of two mediators and A-6 was arrested and his statement was also recorded. The complainant examined the witnesses and recorded their statements, collected reliable information and filed the final report. The case was taken on file and the same was tried.

(3.) As already referred to supra, in view of the admission of guilt, the case against A-3 was disposed on 13-12-1995 in C.C. No. 146 of 1995. The evidence of PWs.1 to 8 was recorded and also Exs.P-1 to P-21 and M.Os.1 to 6 were marked. The learned Magistrate, on appreciation of the evidence available on record, arrived at a conclusion that A-1, A-2, A-4 A-6 and A-7 are not guilty of the said offence but, however, convicted A-5 and sentenced him to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month.