STATE OF ORISSA Vs. BABAJI CHARAN SAHU

JUDGEMENT

(1.) Heard the learned Additional Government for the State-appellant. None appears for the accused-respondents.

(2.) This Government Appeal is directed against the order of acquittal passed by the learned Judicial Magistrate, First Class, Cuttack in 2(c) CC No. 355 of 1983 (Trial Case No.170 of 1984), in a case under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(3.) Briefly stated the prosecution case is that on 3-10-1983 at 2 a.m. while P.Ws. 1 and 3 were performing their duty at Balikuda Railway Station, they found four persons running away from Northern side of the signal post of the railway station. They followed and focused torch-light on them but seeing them two of those persons who were holding bags threw the same on the ground. They seized the bags and produced the same before the Assistant Station Master, Balikuda Railway Station. On receiving telephonic call from the Assistant Station Master, Officer-in-charge, R.P.F., Cuttack reached the spot. Written complaint (Ext. 1) was lodged and seven numbers of Signal Relays were produced before him. Respondent Babaji Charan Sahoo was apprehended on the very same day at 6 p.m. and on interrogation he is said to have admitted that he along with accused Basanta Kumar Samantaray, Arakhita and Keshab had committed theft of relays from the location box. Accused-respondent Babaji gave a confessional statement which was reduced to writing which has been marked as Ext. 5 and his signature has been marked as Ext. 5/1. Accused Basanta was apprehended by the Railway Police at 3 a.m. oh 3-10-1983 being led by respondent Babaji and on interrogation he confessed his guilt and stated that he had concealed the relay and copper wire in the pond situated at the back side of Balikuda Petrol Pump. Basanta led the police party to the pond and on search they recovered the copper wire and six numbers of Nuts made of brass and seized the same under seizure list Ext. 6. The seized articles were inspected by the Signal Inspector, an expert, who gave opinion that those were railway properties.