MD.MOHARRAM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Aman Shekhar, learned counsel for the petitioners and Mr. H.P. Singh, learned A.P.P. for the State.

(2.) These applications are directed against the judgment dated 19.01.2005 passed by the learned Additional Sessions Judge, Sahibganj in Criminal Appeal No. 43 of 1999/24 of 2003 (SBG) whereby and where under the judgment and order of conviction and sentence passed by the learned Railway Judicial Magistrate, Bhagalpur in O.C.R. Case No. 4 of 1989 corresponding to T. R. No. 38 of 1999 convicting the petitioners for the offence under Section 3 a of the R.P.U.P. Act and sentencing them to undergo R.I. for one year and fine of Rs. 1,000/- has been affirmed.

(3.) The prosecution report in brief is that a secret information was received by the complainant that huge quantity of railway material was being stolen from the railway quarry which was kept concealed by one Badruddin Ansari and there is likelihood of shifting the same to some other place. It is alleged that a team was constituted and the shop cum godown of co-convict Badruddin Ansari was raided. One person was apprehended who disclosed his name as Badruddin Ansari who is the owner of the shop cum godown and the other person disclosed his name as Sabir Ali. It is alleged that the godown was searched and huge quantity of stolen iron materials was recovered. Further allegation has been levelled that no document was produced by Badruddin with respect to the railway properties. Based on the aforesaid allegations, OCR Case No. 4 of 1989 under section 3 a of R.P.U.P. Act dated 24.01.1989 was instituted. After submission of inquiry report, cognizance was taken by the learned court below and after charge was framed under Section 3 a of RPUP Act, trial proceeded.