ANWAR MALLIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the accused petitioners were convicted and sentenced to rigorous imprisonment for one year under Section 3 (a) of the Railway Property (Unlawful Possession) Act and the accused petitioner Ganesh Rajak was further convicted and sentenced to rigorous imprisonment for one year under Section 409 of the I.P.C. Both the sentences to run concurrently. The accused Lalan Rajak and Ganesh Rajak filed Criminal Appeal No.152/01 and the accused Anwar Mallik filed Criminal Appeal No.155/01 in the court of learned Sessions Judge, Munger. Both the appeals have been dismissed. The accused Lalan Kumar Rajak and Ganesh Rajak have filed Cr. Revision No.733/03 and Anwar Mallik has filed Cr. Revision No.402/08. Both these applications arising out of the common judgment and order dated 8.08.2001 passed by the learned Railway Judicial Magistrate Ist class, Keul in R.P.F. Jhajha 4 (7)/92 and as such, both these revision applications have been heard together and are being disposed of by this common order.

(2.) THE prosecution case, in brief, is that on 26.07.1992 at about 6.00 P.M. after getting information that a boy was sitting on platform no.4 at Keul Junction and the employee of the Railway used to give some railway property to the boy for selling them out. THE informant went there and seized two dry cells (Battery) from the possession of the accused Lalan Rajak. THE relative of Ganesh Rajak (petitioner no.2) on interrogation, the informant was told that the batteries have been given to him by Ganesh Rajak. Lalan Rajak was brought to the R.P.F. Office where a case was registered against him. Lalan Rajak disclosed that the dry cells were given to him by Ganesh Rajak, and an employee of railway, who also informed that the petitioner no.2 Ganesh Rajak had gone to Jhajha. THEreafter the Inspector I/c R.P.F. Jhajha was requested on telephone for his arrest. THE Inspector, R.P.F., Jhajha arrested Ganesh Rajak on 27.09.1992, who also confessed his guilt. It was further stated that he has kept some railway property in concealment in the store of railway canteen in collusion with the Manager. On his confessional statement, the store of railway canteen was searched and Ganesh Rajak showed the S.I. one bag containing 7 telephone sets, one two way station selector and two wires. THE recovered articles were seized. After inquiry, the charge-sheet was submitted. Cognizance was taken against the accused on 2.11.1992.