SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is against the order of conviction of the petitioner under Sec.3 of the R.P. (U.R) Act and sentence of R.I. for 2 years, vide order dated 28.9.1995 passed by the learned Railway Judicial Magistrate, 1st Class, Barauni Junction (Begusarai) in Karhara R.P.F. Case No. 7/80/Tr. No. 64/ 95 as confirmed vide order dated 7.2.2000 of the 2nd Addl. Sessions Judge, Begusarai passed in Cr. Appeal No. 122 of 1995.

(2.) THE prosecution case was that the petitioner was a coal dealer and that on reports that he was possessing stolen coal of railways a raid was conducted on 8.10.80 at 4.00 P.M. as result of which 20. tones of coal was found in petitioner 'scoal depot and the coal was seized by the police. Two kgs. of the coal was taken as sample which was sent for examination and the examination report of coal showed that it was Grade -A coal which was being used in the Railways. The railway coal storage of the area was also verified and a shortage of 326.1 tones of coal due to pilferage and handling was found.

(3.) THE defence of the petitioner as adduced vide evidence of D.W.1 was that the petittoner had purchased the coal from one truck driver Sobha Singh and a document of sale in this regard was also proved as Ext. A. But the seller truck driver Sobha Singh was not examined to support the story of sale by him and it 'spurchase by the petitioner.