BAJRANGI PRASAD KASERA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners were convicted by the judgment dated 14.10.2009 under section 3(a) of the Railways Property (Unlawful Possession) Act, 1966 and sentenced to R.I for two years for the said offence in R.P. Case No.77 of 2004/ T.R No.684 of 2009.

(2.) Against the aforesaid judgment in R.P. Case No.77 of 2004, they have preferred Criminal Appeal No.327 of 2009/328 of 2009 and Criminal Appeal No.328 of 2009 which have been dismissed by the judgments dated 03.12.2014 and 05.01.2015 but with modification in the order of sentence; the sentence to R.I for two years has been reduced to R.I for one year.

(3.) During the trial in R.P. Case No.77 of 2004, 4 witnesses were examined on behalf of the Railways to prove the charge under section 3(a) of the Railways Property (Unlawful Possession) Act, 1966 against the accused persons. The allegation against the accused persons is that they have committed theft of 40 meters of O.H.E. wire and they were apprehended by a raiding team consisting of 20 persons. An expert who was examined as P.W 1 has stated that the recovered property which was Exhibit-1 and seizure of which was marked as Exhibit-2 disclose that the recovered wires were used by the Railways.