STATE OF ORISSA Vs. RAMACHANDRA SAHA AND ANR.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.3.1989 passed by the Learned Sessions Judge, Sundargarh in Criminal Appeal No. 44 of 1988 setting aside the judgment of conviction and sentence of the Trial Court and acquitting the Respondent (sic.) of the charge under Section 3(a) of the Railway Property (Unlawful Possession) Act.

(2.) THE case of the prosecution is that at the relevant time the accused -respondents were employees under the South Eastern Railway and were attached to Bandomunda Railway Yard. On 19.12.1984 the R.P.F. staff proceeded towards Receipt Yard of the Bandomunda Railway Station at about 10 a.m. for surprise checking. When they reached at the spot, they noticed that two persons were standing at the northern side of Wagon No. 636448 and were engaged in extracting mustard seeds from the wagon. They immediately rushed to those two persons and apprehended the accused -respondent Ram Chandra Saha. 15 Kgs. of mustard seeds were seized from his possession. The other accused -respondent Ramprasad Sinha was subsequently arrested on the statement of accused Ram Chandra Saha. After completion of inquiry, prosecution report was submitted against the two accused -respondents for commission of offence under Section 3(a) of the Railway Property (Unlawful Possession) Act.

(3.) IN order to prove its case, the prosecution examined as many as ten witnesses and relied on 13 exhibits. The Respondents examined none is support of their plea.