STATE OF ORISSA Vs. JOTA MUNDA

JUDGEMENT

(1.) This is an appeal against the judgment dated 2.12.1989 passed by the learned Additional C.J.M.-cum-J.M.F.C., Rourkela in 2(C)CC Case No.30 of 1989 (Trial No.1 of 1989). By the said judgment, the respondents (accused persons) have been acquitted of the charge under section 3(a) of the Railway Property (Unlawful Possession) Act.

(2.) The prosecution case, in short, is that on 8.2.1989 around 5.00 am, when the RPF officials of Bondamunda R.P.F. Post were returning from Bisra, they found the accused persons near Santoshpur coming by carrying something on their shoulders. Since the movement of the accused persons was found to be suspicious, they were asked to halt and as they took to their heels, they were chased. It is alleged that from their possession, cables and plates were recovered and seized under seizure list. These properties seized from the possession of the accused persons being the properties belonging to the Railways, the accused persons faced the trial for commission of offence under section 3(a) of the Railway Property (Unlawful Possession) Act. The plea of the defence is of complete denial and false implication. The prosecution, in the trial, has examined five witnesses besides proving the seizure list, the FIR and the report of the Permanent Way Inspector (P.W.6) as to the ownership of the said seized cables and plates.

(3.) Heard Mr.D.K.Sahu, learned Standing Counsel for the Railways. None appears on behalf of the respondents. Perused the judgement passed by the trial court.