STATE OF HARYANA Vs. KISHAN

JUDGEMENT

(1.) THIS appeal against acquittal has been filed by the State of Haryana against the judgment dated 20.3.1992 passed by the Chief Judicial Magistrate, Gurgaon, acquitting the accused-respondents of the charges under Section 3 of the Railway Property (Unlawful Possession) Act, 1966.

(2.) THE facts which are relevant for the decision of the present appeal are that Naik Ami Lal had made a complaint to the Police that on 5.1.1989 he along with Constable Kapoor Singh and Suresh Kumar Yadav was an duty at Basai Dhankot Station for the protection of the railway property and that at about 6.00 a.m. one light engine was found coming from Delhi side and all of a sudden it stopped at Gate No. 28-B, whereupon they got suspicious and when they went towards Gate N. 28-B, they saw accused Kishan resident of Dhankot and known to him previously, taking out bori from the engine and loading it on a rickshaw thela. It as alleged that as soon as they all three proceeded ahead to catch hold of him, in the meanwhile gate man Dunger Singh also arrived there and said accused Kishan on seeing them ran away from there leaving the three boris on the thela. It was alleged that when they examined the boris each bori was found containing 50 kg of kacha koyla, which was railway property. It was alleged that on the light engine No. 4489 YG was written and accused Devinder Pal driver was on duty on the said engine and he was known to him previously. It was alleged that on the handle of the rickshaw thela "(Avon)" was embosed and on the frame No. 10648170 was written. It was alleged that in the meanwhile the police arrived on the spot and that action be taken.

(3.) AFTER hearing both sides and after perusing the record, the learned Chief Judicial Magistrate, acquitted the accused of the charge framed against them, vide judgment dated 20.3.1992. Aggrieved against the same, the State of Haryana filed the present appeal against the acquittal of the accused- respondents.