ALI MOHAMMED KHAN @ ALI MOHAMMED Vs. STATE

JUDGEMENT

(1.) Inspite of notice none appears on behalf of the State.

(2.) This revisional application is directed against the judgment and order dated 6.3.85 passed by the learned Addl. Sessions Judge, 1st Court, Bankura, dismissing the Crl. Appeal No. 54 of 1984 preferred by the accused petitioner against the order dated 23.11.84 passed by the learned Judicial Magistrate, 3rd Court, Bankura, in Case No. 551C of 1981 convicting the present petitioner under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 and sentencing him to suffer rigorous imprisonment for one year.

(3.) The prosecution case in short is that on 25.8.81 at about 4/4-30 P.M. Railway Protection Force personnel apprehended the petitioner near railway track in between Jhantipahar and Chhatna and recovered the railway property from a gunny bag which was being carried by the petitioner on a cycle. The petitioner failed to produce any documents for the articles. A charge under Section 3(a) of the R.P. (UP) Act was framed against the petitioner by the learned Chief Judicial Magistrate, Bankura. The learned Chief Judicial Magistrate, Bankura proceeded with the trial of the case.