SUDHANGSHU CHANDRA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 21. 2. 1997 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 34/96.

(2.) HEARD Mr. J. M. Choudhury, learned Senior Advocate assisted by Mr. D. Talukdar, learned counsel for the petitioner and Mr. S. B. Singha, learned Public Prosecutor, Assam for the respondents.

(3.) IN CR Case No. 244/94 the accused petitioner was tried by the Special Judicial Magistrate, (Railway) Tinsukia for commission of the offence under Section 3 (a) of the Railway Property (Unlawful Possession) Act, (for short the Act) on the allegation that on 30. 10. 1994 while searching the house of the accused petitioner some railway properties namely-G. I. Wire, A. C. S. R. wire, Cable wire, etc. were found in possession of the accused petitioner. On verification and examination, the seized wire were found to be railway properties and thereafter the accused was tried and the learned trial Court convicted the accused petitioner and sentenced him to imprisonment for one year and to pay a fine of Rs. 500/- in default further imprisonment for one month.