SURESH SINGH SON OF KHAPO SINGH AND SURESH PASWAN SON OF LATE RAMESHWAR PASWAN @ TETAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred against the judgment and order dated 12.02.2002 passed by the learned Additional Sessions Judge-VI, Begusarai in Cr. Appeal No. 81/2000 by which the judgment and order dated 27.05.2000 passed by the learned Railway Judicial Magistrate, Barauni in Garhara R.P.F. Case No. 15/1982 has been confirmed and the appeal has been dismissed.

(2.) The prosecution case in, brief, is that on 13.09.1982 at about 2.30 P.M. the R.P.F. Inspector alongwith other police personnel was going to village Bihat for executing the warrant of arrest. During that period, it came to their notice that steam coals belonging to the railway were being loaded on a tractor. Two persons were apprehended, who disclosed their identity as Suresh Singh and Suresh Paswan (Petitioners). From the possession of Suresh Paswan, a dagger was recovered. The tractor and the trailer were also seized. The Petitioners could not show the valid receipt for possession of the aforesaid coal and they made confession that the seized coal was the railway property. On the basis of the report, Garhara R.P.F. Case No. 15/1982 was instituted under Section 3 of the Railway Property (Unlawful Possession) Act. After the trial both the Petitioners were convicted under the aforesaid act and they were sentenced to rigorous imprisonment for one year. Thereafter, the Petitioners filed Cr. Appeal No. 81/2000 against the aforesaid order. The appeal has been dismissed and the judgment and order passed by the learned Railway Judicial Magistrate have been affirmed.

(3.) It appears that 21 witnesses have been examined on behalf of the prosecution and there are also documentary evidence, which have been adduced on behalf of the prosecution, out of which, Exhibit 9 is the confessional statement of accused Suresh Singh and Exhibit 10 is the confessional statement of the accused Suresh Paswan. From the confessional statement of the accused Suresh Singh, it appears that he used to purchase coal stealing from railway and the confessional statement of Suresh Paswan shows that he does not know from where the coal was brought. The defence is that the coal is purchased from Sokhara Coal Depot from Ramnandan Singh and P.W.16 Ramnandan Singh has also deposed in the court and supported the whole prosecution case alongwith his confessional statement. It has also brought on the record the chemical examination report from which it appears that the coal seized is steam coal, which is usually used in the railway and it is the railway property. The conviction has been upheld by the lower appellate court after scrutinizing the evidence adduced on behalf of both the parties before the learned trial court. I do not find any ground to interfere with the concurrent finding of both the courts below.