MIHIR KANTI BOSE Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this revision petition the petitioner has challenged the order dated 2-7-1985 passed by the Sessions Judge, Dibrugarh, in Criminal Appeal No. 13 (1) of 1984 affirming the conviction and sentence passed by the Sub-Divisional Judicial Magistrate, Tinsukia in I.C./78 convicting the Petitioner Under Section 3 (a) of the Railway Property (Unlawful possession), Act, 1966 and sentencing him to Rigorous Imprisonment for 1 (one) year.

(2.) The prosecution case was proceeded by a complaint dated 7-1-1978 that at about 10.15 P.M. the petitioner Mihir Kanti Bose who was employee of the Railway as a Fireman C attached to the Loco shed Foreman Tinsukia removing one. Drum containing 205 litres of axel oil by rolling on the ground with the help of an outsider, and, Harihar Jha (Rakshak) came running to the spot and caught the accused petitioner red handed. The said complaint was lodged by Shri Sansanka Bhusan Das gupta asstt. Loco Foreman, Tinsukia Locoshed. On the basis of the said information, a case was registered against the petitioner being Case No. Lc./78.

(3.) In course of investigation, the prosecution has examined as many as 9 witnesses. After concluding the trial the learned courts below found the petitioner guilty and sentenced him to imprisonment aforesaid. Hence this revision petition.