ARJUN PRASAD PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against concurrent finding recorded by both the Courts below, finding the petitioner guilty under Section 3(a) RP (UP) Act and sentencing him to suffer rigorous imprisonment for a term of four months, the petitioner has challenged the said finding in this revision.

(2.) The factual matrix, as appearing from the petition of complaint and also the narrations made by witnesses, are that on 14/05/1988, Kameshwar Paswan (P.W. 1) at about 11-30 hours, in course of surprise raid, in the company of Md. Manzoor Ali, noticed petitioner carrying a bag on his shoulder, and shortly on apprehension, it was found that the object being carried by him was steam coal which is used in Railway Locomotives. It is alleged that on interrogation, since the petitioner failed to give satisfactory and valid reply for unauthorised possession of railway property, he was prosecuted under Section 3(a) RP (UP) Act, and enquiry into allegation was allegedly held by Deo Brata Singh A.S.I. who recorded statement of witnesses and also confessional statement of the petitioner.

(3.) The defence of the petitioner both before the Court below and also this Court had been that of total innocence.