STATE OF MADHYA PRADESH Vs. CHANDAN SINGH

JUDGEMENT

(1.) RESPONDENT Chandansingh was tried for an offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 for being unlawfully in possession of some Railway property. The trial Magistrate convicted the respondent for that offence and sentenced him to a fine of Rs. 300/- in default rigorous imprisonment for three months. Respondent preferred an appeal against his conviction and sentence. Fifth Additional Sessions Judge. Jabalpur, in Criminal Appeal No. 146 of 1971 by his judgment dated 9-8-1971 allowed the appeal and set aside the conviction and sentence awarded to him. Aggrieved by this, the State preferred the present appeal.

(2.) THIS appeal by the State was heard by a Division Bench. In view of the difference of opinion, in between the learned Judges constituting the Division Bench, this appeal has been placed before me.

(3.) THE prosecution case rested against the respondent on two types of evidence. Firstly, the confession Ex. P-5, made by the respondent to Mr. R. Roy (P. W. 1) and secondly, the discovery of the stolen property on an information given by the respondent. The learned Judges have differed on the question of voluntariness of the confession Ex. P-5 as also on the question whether on the basis of the evidence regarding the discovery of seizure, the respondent could be taken to be the person in possession of the alleged stolen property.