MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed by the 5th Additional Sessions Judge, Dhanbad in Criminal Appeal No. 17 of 1988 by which the learned Sessions Judge confirmed the judgment of conviction and sentence passed by Sub-divisional Judicial Railway Magistrate, Dhanbad, by which the petitioner was convicted under Section 3(a) R.P.U.P. Act and sentenced to undergo Rigorous Imprisonment for one year.

(2.) The brief case of the prosecution as stated that one Shankar Prasad Barnwal was attempting to carry iron material on a Trekker. The R.P.F. authority went to the spot and one person fled away on a motor cycle whereas 2-3 persons remained on the spot. The R.P.F. identified the motor bike driver as Shankar Prasad Barnwal and the petitioner along with other Upendra was caught at the spot. Accordingly, seizure list in respect of railway iron materials was prepared and the prosecution was launched.

(3.) The witnesses were examined after framing charge and the learned trial Court acquitted Shankar Prasad Barnwal as he did not find the evidence against him whereas the petitioner was found guilty and he was sentenced to undergo R.I. for one year.