MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application 13 directed against the judgment of the Additional Sessions Judge. Gaya, affirming the judgment of the Judicial Magistrate by which the petitioner has been convicted under section 3 of the Railway Property (Unlawful Possession) Act, 1966, (hereinafter in be referred to as the ActT) and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1500/- and in default of payment for three months.

(2.) The prosecution case in brief, is that on receipt of confidential information that stolen articles from the railway wagons were stored in the house of the petitioner and other persons of village Bandhua, a raiding party was arranged by the police. The home of the petitioner was searched on 12.1.1971 in course of which, besides other articles a railway hosepipe was recovered. The police registered a case on the basis of the report of the raiding party and investigation submitted charge-sheet.

(3.) In the trial court charges under section 414 of the Indian Penal Code (hereinafter to be referred to as Indian Penal Code) and under section 3 of the Act were framed against the petitioner and co. accused Jagdeo Singh. They were acquitted of the charge under section 414 of Indian Penal Code but both of them were convicted and sentenced of the other charge as mentioned above. An appeal was filed against the said judgment in the Court of the Sessions Judge, which was eventually heard by the Additional Sessions Judge, who, by the impugned order, acquitted Jagdeo Singh and maintained the conviction and the sentence passed against the petitioner.