CHANDRABATI SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Revisional Application by the petitioner-accused (hereinafter referred to as accused) under Section 401, read with Section 482, of the Code of Criminal Procedure is directed against the judgment and order dated 11.3.1989 passed by the learned Additional Sessions Judge at Asansol in Criminal Appeal No. 54/41 of 1989 before him on the grounds set forth therein.

(2.) The facts, as may be relevant for the disposal of the instant Revisional Application, may be shortly stated as follows: Upon receipt of repeated informations from the Shop Authority of Chittaranjan Locomotive Works (hereinafter referred to as C.L.W.) regarding missing of check nuts fitted on oxygen gas cylinders supplied to it, special watch was kept over the same. During such watch on 8.9.1983 at about 19-05 hours at Steel Foundry at But No. 91, the P.W. 7 Sadananda Ojha, an R.P.F. Rakshak, had been the accused Chandrabati Sharma removing (brass) checknuts from gas cylinders with the help of an iron instrument, and keeping the same in his pocket. On being challenged, the accused started fleeing way, and had been apprehended after chase by the said Rakshak, who had raised an outery chor chor, whereupon another Rakshak P.W. 8 R.B. Sharma had also reached the spot and had surrounded the accused. The accused was found to be in possession of eleven check nuts (brass) and one wrench. The aforesaid two Rakshaks had taken him along with the said articles to R.P.F. Post, whereupon the accused had been arrested, and the said articles had been seized upon preparation of a Seizure List. The accused had thereupon been prosecuted for an alleged offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter shortened into Act). The learned Magistrate upon trial had found accused guilty to the aforesaid offence and had accordingly convicted him thereunder and sentenced him to pay a fine of Rs. 1,000/- only in default to suffer simple imprisonment for six months only.

(3.) Being aggrieved by the judgment and order of conviction and sentence so passed by the learned Magistrate, the accused had preferred an appeal before the local Sessions Court, being Criminal Appeal No. 15/41 of 1988. The learned Additional Sessions Judge at Asansol upon due hearing had dismissed the said appeal, confirming the judgment and order of conviction and sentence passed by the Trial Court for the reasons recorded at length in his impugned judgment.