STATE OF RAJASTHAN Vs. RAMCHANDER

JUDGEMENT

(1.) THIS is State appeal challenging the judgment of the Special Judicial Railway Magistrate, Kota, dated 17th of September, 1970, acquitting respondent Ram Chander of the offence Under Section 381 of the Indian Penal Code.

(2.) RAM Chander was caught red -handed by P.W. 1 Prem Singh, P.W. 2 Naruila and P.W. 6 Laxmi Narain, members of the Railway Preventive Force from pilfering sugar from wagrn no NR 16219 which was standing in the yard of Kota Station on 25th of April, 1968. According to the statement of Prem Singh (P.W. 1), accused Ram Chander was taking out sugar with the aid of his fingers from the hole of the said wagon. He was seen pilfering the sugar from the wagon by Narulla (P.W. 2) and Laxmi Narain (P.W. 6) who were on duty and were examining the goods train in which wagon NR 16219 was attached. Prem Singh further states that he had seen one 'cheni' (chisel) and one hammer with accused Ram Chander but this part of the story is (sic) corroborated by Naruila (P.W. 2) and Laxmi Narain (P.W. 6). The 'thela' in which the pilfered sugar was put by the accused was seized after taking the accused to the Police Station, vide seizure memo Ex. P. 1. The 'thela' which contained the sugar has been correctly identified by Prem Singh, Narulta and Laxmi Narain at the trial as Ex. A -1.

(3.) THE learned trial Judge, however, did not place reliance on the version given by the defence witnesses, but he acquitted the accused respondent on the ground that the prosecution has failed to establish as to who was the consignor of the sugar and from which bag from wagon No. 16219 the suger was pilfered by the accused On these grounds, the learned Magistrste did not think it proper to convict the accused and, therefore, acquitted him. It is against this judgment that the State has filed appeal before this Court.