GOPAL BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment dated 3-12-1993 passed by the Second Additional Sessions Judge, Puri in Criminal Appeal No. 81/25 of 1990 confirming the order of conviction and sentence passed on 20-1-1990 by the Additional Chief Judicial Magistrate, Puri in 2(c) C. C. Case No. 61 of 1980 wherein the petitioner having been found guilty of an offence under Section 3(a) of the Railway Property (Unlawful Possession) Act was convicted and sentenced to suffer R. I. for one year and to pay a fine of Rs. 1000.00.

(2.) The case of the prosecution is that on 6-3-1980 at about 10.00 a.m. while the complainant (P.W. 1) was on duty along with P.W. 2, they saw the accused carrying a bundle inside the Railway-yard of Puri Railway Station. The accused was stopped and the bundle was searched. In the bundle they found a dynamo belt measuring 12' X 4". The dynamo belt and the napkin in which it was wrapped was seized vide seizure list Ext. 2. P.W. 2 is a seizure witnesses.

(3.) On 19-3-1980 a belt was sent to P.W. 3 who on examining it opined it to be railway property and which was not available in the open market. During the course of investigation, some witnesses were examined and it is alleged that a confessional state ment was also made by the accused which was reduced in writing by P.W. 5. A carbon copy of the alleged confession has been exhibited as Ext. 6.