STATE Vs. VERSUS

JUDGEMENT

(1.) THE judgment dated 23.12.1987 passed by the Addl. Chief Judicial Magistrate -cum -J.M.F.C. Rourkela in 2 (C) C.C. No.204 of 1984 acquitting the accused -Respondents of the Charge under Section 3(a) of Railways Properties (Unlawful Possession) Act (hereinafter referred to as "the R.P. Act") is under challenge by the State in this appeal.

(2.) PROSECUTION case is that on 21.8.1984 at about 12.30 P.M., while the R.P.F. Head Constable B.N. Tiwari of Baramunda R.P.F. post (P.W.1) along with Rakhaks G.B.Chatri, R.C. Tiwari, C.N. Singh (P.W.2) was on patrolling duty near Bandamunda reception yard, found a mini truck bearing No.OAO -4585 being driven by the accused S.K. Sinha by name coming from Pokhar bahal, and gave signal to the driver to stop it, but he sped away the truck instead. A while after, the speed of the mini truck was lessoned and one of the miscreants sitting in the said truck jumped down and fled away, while three others including the driver were found present in the truck. In the meantime, the R.P. force surrounded the truck and stopped it. On checking, 11 bag of mustard seeds, some sugar and some railway fittings were found to have been loaded in the truck. The accused persons could not give any reasonable explanation in support of their possession of those materials. So, P.W.1 informed the incident to the O.I.C. of R.P.F. post Bandhamunda (P.W.4) On receiving the information P.W.4 along with S.I. R.P. Bala (P.W.6) and head constable P.B. Rao, visited the spot and found the aforesaid truck standing there. P.W.1 submitted a written report to P.W.4, on whose direction P.W.6 searched the truck in presence of witnesses and found 11 gunny bags containing 7 quintals of mustard seeds, one gunny bag containing about 45 kgs of sugar and another gunny bag containing 10 kgs of gram, some railway fittings like two pieces of coil springs, one universal coupling bearing 'IRS mark, one adjusting palm and 9 pieces of brake blocks. When asked accused failed to show any authority in support of their possession of those articles and confessed to have obtained the same from accused Naba Kishore Sinha, who jumping down from the truck had run away. So. P.W.6 seized the mustard seeds, sugar grams, railway fittings and the truck and prepared seizure list in respect thereof under Ext.2.He also recorded the confessional statement of accused Rudal shaw, Ramjee Shaw, P. Prakash Rao and Naba Kishore Sinha vide Exts. 4, 5, 6 and 7. On returning to the R.P.F. Post P.W.6 registered the case and enquired into the matter in course of enquiry, he arrested the accused, including accused Abdul Quaium, owner of the truck forwarded them to Court, got the seized railway fittings examined through the expert P.W.5, gave the truck in zima of Abdul Quaium and on completion of enquiry submitted P.R. under Section 3(a) of the R.P.F. Act.

(3.) AFTER assessing the evidence on record, the trial Court acquitted the accused persons of the charge under Section 3(a) of the R.P.F. Act, holding that no independent witness was examined in respect of search and seizure that out of several railway fittings only 3 such fittings were produced before the Court and that the so called confessional statements were not recorded in accordance with law.