INSPECTOR R P F BELLARY Vs. SHANKARAIAH

JUDGEMENT

(1.) This is an appeal filed against the order of acquittal, dated 24-4-2000 passed in G.C. No. 322 of 1993 on the file of the Special Judicial Magistrate of First Class for Railways, Guntakal.

(2.) The appellant herein is the complainant and the respondents 1 to 3 are A-1 to A-3 before the Court below and therefore for the purpose of convenience, the parties to this appeal will hereinafter be referred to the judgment as complainant and A-1 to A-3 respectively.

(3.) The relevant facts in brief are as follows: The Sub-Inspector of police, R.P.F., Bellary filed the charge sheet against the accused before the Special Judicial Magistrate of First Class for Railways, Guntakal alleging that on 20-1 -1993 at about 3.25 p.m. on information that some unauthorized persons loaded coal ash in lorry bearing No. ADA-7145 and the lorry was detained at Obulapuram Railway Station, he along with his staff visited the scene of offence and on enquiry, A-1 admitted that the lorry was loaded with coalash and that he is working as cleaner in the said lorry along with driver A-2 and proceeding to Bellary and that A-3 engaged the lorry on hire for carrying the coal ash from Obulapuram railway station. It is further alleged that A-1 to A-3 and six other persons loaded the lorry with cola ash from the coal ash stock of Obulapuram Railway Station plat-form on the night of 19-1-1993 and after completion of loading, the lorry with coal ash, they tried to start the lorry, but the lorry could not start due to mechanical defect and that on 20-1-1993 A-2 and A-3 brought the self starting battery and repaired the same and went for about 100 yards from the stop and when reached the main road, the tube of the lorry was bursted. In the meantime, the railway officials came to the spot and detained the lorry and immediately A-2, A-3 and other labourers ran away from the spot. The Inspector, R.P.F. Bellary secured two panchayatdars and recorded the statement of A-1 and also seized the coal ash weighing about five tones along with lorry under a cover of panchanama and arrested A-1. Thereafter, a crime was registered against the accused under Section 3(a) of R.P. (UP) Act and sent A-1 for judicial custody. Three months thereafter A-2 and A-3 were arrested.