GHASI RAM AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgments of conviction and sentences passed in criminal case No. CII151/73 Tr. No. 1296783- by S.D.J.M., Katihar on 18.2.83 convicting the petitioner under Section 3(a) R.P. (U.P. Act and sentencing him to undergo rigorous imprisonment for two years affirmed by the learned 2nd Addl. Sessions Judge, Katihar, in Cr. Appl. No. 21/83.

(2.) The prosecution case, in short, is that on search being made to the house and godown of the petitioner certain railway properties were recovered and some them is alleged to were kept concealed under the earth and were brought out by digging the earth. A seizure list was prepared and the R.P.F. men brought those articles to their office at Katihar along with the petitioner. After enquiry a prosecution report was submitted and the learned sub Divisional Judicial Magistrate, Katihar, took cognizance in the case and the petitioner was put on trial.

(3.) The defence of the petitioner was that he came in lawful possession of the recovered/seized railway properties through purchase from the railway administration in auction sale. The prosecution examined nine witnesses and on behalf of the defence D.W.I, Who was Asstt. Store Keeper in Katihar Railway was examined. He has proved four issue notes Exts. A to A/3 in the pen signature of C.R. Verman, issue note Ext. A/5 in the pen and signature of N.K. Kundro and one more issue note Ext, A/5 in the pen and signature of Vimal Sen Gupta of the Asstt. Store Keeper in Railways at Katihar. On consideration of the evidence both oral and documentary adduced on behalf of the parties the Sub-Divisional Judicial Magistrate found the charge proved against the petitioner and, accordingly, he convicted him under Section 3(a) of R.P. (U.P.) Act and sentenced him to under go rigorous imprisonment for two years.