LAWS(P&H)-2012-1-10

KAPURTHALA Vs. RAM LAL

Decided On January 17, 2012
STATE THROUGH SENIOR SECURITY COMMISSIONER, RPF, RAIL COACH FACTORY, KAPURTHALA Appellant
V/S
RAM LAL Respondents

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.

(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 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. Prosecution, in pre-charge evidence, examined ASI Munshi Ram PW-1, ASI Amarjit Singh PW-2, HC Raj Ali PW-3, Davinder Kumar Chargeman PW-4 and Narinder Kumar Chargeman PW-5. AFTER the above said charge was framed, accused had pleaded not guilty and claimed trial. The witnesses were cross-examined by the accused under Section 246 Cr.P.C. and statements of the accused under Section 313 Cr.P.C. were recorded. All incriminating circumstances were put to them but they denied the same and pleaded innocence.