PRITAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The above captioned two criminal revision petitions had arisen from a judgment dated 24.07.2006 passed by learned Additional Sessions Judge, Ambala in Criminal Appeals No.42 and 96 of 2004 upholding the judgment of conviction dated 23.12.2003 and order of sentence dated 24.12.2003 passed by Special Railway Magistrate, (Haryana), Ambala Cantt. in Criminal Complaint No.17 dated 18.05.1994 under Section 3 of the Railway Property (Unlawful Possession) Act (for short, "Railway Act") registered at Police Station RPF/OP/Jagadhri vide which petitioners Pritam Pal and Pritam Singh alongwith one Ved Pal son of Raghubir Singh were held guilty, convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- each. In default of payment of fine, they were to undergo rigorous imprisonment for two months each.

(2.) The facts relevant for being noticed are as under:-

(3.) The prosecution examined as many as ten witnesses to substantiate its charge against the petitioners-accused. After closure of evidence of the prosecution, statements of petitioners-accused under Section 313 of the Code of Criminal Procedure (for short "Cr.P.C.") were recorded by putting to them the incriminating evidence available on record, which they denied and pleaded false implication.