SIBU CHAKRAVARTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this revision petition, the petitioner has impugned the judgment and order dated 84.82 passed by the learned Sessions Judge, Now gong in Cr1. Appeal No. 83(N-14) of 1979 upholding the judgment and order dated 23.10.79 passed by the learned Magistrate, 1st Class, Now going in OR Case No. 52 of 1979 convicting the accused-petitioners under section 3(a) of the Railway Properties (Unlawful Possession) Act, 1956, (hereinafter referred to as the Act) and sentencing each of the petitioners to suffer rigorous imprisonment for 3 (three) months and to pay a fine of Rs. 100/- each, in default to suffer rigorous imprisonment for a further period of 10 (ten) days.

(2.) The prosecution case is that on 2.4.74, one Satish Ch. Kalita (examined as PW-2) a Rakshak of the Railway Protection Force while performing his duties at Lumding Railway Junction around 7.30 a.m. saw 2 persons carrying something towards the railway colony at Lumding South Yard Railway Junction near the sick Hne of the Railway and when he raised Thulla and chased them, they left 2 bags and fled away. PW 2 the first informant, lodged the FIR with the Railway Protection Force at Lumding. The bags left by the 2 accused-persons were found containing onion weighing 20 Kg each. PW.2 Satish Ch. Kalita also alleged that he knew the persons who were carrying the bags and left the same and named them- It was also alleged that on bearing hulla of the first informant, ASI Bechan Singh, Head Rakshak and Han Mohan Choudhury (PW-6) came to the place of the occurrence and chased the accused-persons. Thereafter it was found that the upper door of the wagon No. NEC-13877 loaded with onions and standing on the sick Line No. 25 was open and the protection net thereof broken. The bags containing onions left by the accused petitioners were seized.

(3.) On the basis of the FIR a case was registered being Case No. 1(4)174 under section 3(a) of the Railway Properties (Unlawful Possession) Act. The case was investigated and the charge-sheet was submitted and GR Case No. 52 of 1975 was registered. The learned Magistrate on examination of two PW5 and the materials on record framed charge under section 3(a) of the Act against the two accused petitioners. The accused-petitioners pleaded not guilty and the case was tried. Four more witnesses on behalf of the prosecution were examined, but none was examined on behalf of the accused-petitioners.