STATE AND ORS Vs. RAM LAL AND ANOTHER

JUDGEMENT

(1.) Present appeal has been filed by the State through Senior Security Commissioner, Railway Protection Force, Rail Coach Factory, Hussainpur, District Kapurthala against the acquittal of accused Ram Lal and Nazar Singh recorded by the Court of Chief Judicial Magistrate, Kapurthala vide impugned judgment dated 27th August, 2001.

(2.) A complaint was filed by ASI Amarjit Singh, Incharge Police Post, Railway Protection Force, Rail Coach Factory, Hussainpur; wherein it was stated that on 21st July, 1995 he (ASI Amarjit Singh) along with HC Om Parkash Sharma and Constable Randhir Singh, at about 2.05 a.m. had left the Police Post for patrol duty. When they reached in front of the main gate of Rail Coach Factory, they started checking the vehicles of the employees. At that time, HC Ashok Kumar and Constable Ajit Sigh were also present at the main gate. They were on duty from 1.00 a.m. to 9.00 a.m. as after the night shift, the workshop used to close down at 2.15 a.m. During checking the police party saw that a jeep bearing registration No.DID-6579 colour grey was coming out of the factory gate. On suspicion the same was stopped at the main gate and during checking when the rear door of the jeep was opened it was found that on the rear seats, seven aluminum plates were lying. An enquiry was made from the driver of the jeep regarding the same but he could not produce any document for taking those aluminum plates out of the factory. On interrogation, he disclosed his name as Ram Lal son of Sakhan Lal. When the plates were checked, each of them was found 5'-6" in length, 16" in breadth and 2mm in thickness. The goods recovered were taken into possession vide a separate memo. From the above facts, it was found that the accused had kept the Government property in his possession unlawfully and had committed an offence punishable under Section 3 of the Railway Property (Unlawful possession) Act, 1966 (hereinafter referred to as, 'the Act'). Therefore, the accused was arrested and the Government jeep bearing registration No.DID-6579 along with its log-book was taken into possession after obtaining the signatures of the witnesses on the memo. After the personal search of the accused was carried, the accused during interrogation disclosed that he had taken these aluminum plates from the stock (heap) of aluminum plates lying near the Furnishing Progress Store and he could identify that place. He further disclosed that 2-3 days before he had sold three aluminum plates to a scrap dealer (Kabaria) and had received Rs.75/- from him. A memo of confession was recorded. Furthermore, the accused as per his disclosure in custody led the police party in front of the Furnishing Progress Store and pointed towards the stock (heap) of aluminum plates and told that he had committed theft from that stock. One aluminum plate from the stock was taken as a sample, which was about 5'-6" in length, 16" in width and 2mm in thickness. Chits were pasted on the goods recovered and a rough site plan of the spot was also prepared. As per the statement made by accused Ram Lal in custody of Railway Protection Force, he accompanied the police party, which included a constable from the civil police, to the old grain market and stopped the jeep in front of the shop of a scrap dealer (Kabaria) and disclosed that three days ago he had sold the three aluminum plates to that scrap dealer. The person sitting on the shop of scrap dealer disclosed his name as Nazar Singh. In the presence of two witnesses namely Bhajan Singh and Chander Mohan, who were neighbourers of the scrap dealer, search of the shop was conducted and 132 plates made of aluminum having length of 11.2" and holes toward both ends, which were used in the windows of Rail Coaches, were recovered along with two small hooks having small holes in them for using in the Rail Coaches and one frame made of aluminum meant for Rail Coach windows. The plates were weighed as 6 kgs and 900 gms. All the aluminum plates were put in a gunny bag and the same was sealed with a seal bearing impression 'MRK'. The remaining aluminum plates and hooks weighing 2 1/2 kgs were put into a separate gunny bag. Accused Nazar Singh was also interrogated. The investigating officer got the recovered property verified from Davinder Kumar Chargeman, Furnishing Shop and Narinder Kumar, Chargeman, Ceiling and Window Section. Purchase orders and bing cards were taken into possession by the Railway Protection Force and after the investigation, complaint was presented in the Court.

(3.) After the pre-charge evidence was led, on 28th July, 1997 the accused-respondents were charged by the Court of Chief Judicial Magistrate, Kapurthala. The charge stated that on 21st July, 1995 at about 5.30 a.m. in the area of Main Gate, Rail Coach Factory, Hussainpur accused Ram Lal was found in possession of seven aluminum plates, which was the property of Railways, reasonably suspected to have been stolen or unlawfully obtained and thereby he committed an offence punishable under Section 3 of the Act. The second charge stated that on the same day at about 11.30 a.m. accused Nazar Singh in his shop located at Old Grain Market, Kapurthala was found in possession of 132 aluminum window Pattis and one aluminum frame along with aluminum hooks weighing about 2 1/2 kgs, which was also the property of Railways, reasonably suspected to have been stolen or unlawfully obtained and thereby he also committed an offence punishable under Section 3 of the Act.