STATE OF ORISSA Vs. JAGABANDHU SAHOO @ LADA SAHOO

JUDGEMENT

(1.) The State is in appeal against the judgment passed by the Sub -Divisional Judicial Magistrate, Kuchinda in 2(c) C.C. No. 40 of 1984/Tr. No. 260 of 1984, acquitting the accused -Jagabandhu @ Lada Sahoo of the charges under Sec. 3(a) of the Railway Property (Unlawful Possession) Act.

(2.) Briefly stated the prosecution case is that on 2.4.1984 while (P.W.1) B.C. Sethy, the S.I. of Railway Protection Force, Rourkela, along with his O.I.C. and other staff was on patrolling duty at Sagara Railway Station, at about 2.30 hours he detected the accused transporting one brake block bearing the mark "TRS WABG 158" and one floating lever of the Railways. As the accused possessed the aforesaid railway properties without any authority, the said properties were seized and the S.I. -P.W.1 drew up a plain paper first information report and took up investigation after completion of which he submitted the prosecution report against the accused.

(3.) The learned S.D.J.M. on going through the materials on record has acquitted the accused of the charges on the ground that copies of the statements of witnesses recorded by the police were not made available to the accused in terms of Sec. 173 of the Code of Criminal Procedure (Code of Criminal Procedure) for which the prosecution case must fail.