RAJU TANTI AND ANR. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. This revision application is directed against the judgment of conviction and order of sentence dated on 17.4.2007 passed by additional Sessions Judge, 1st Sahibganj by which order is confirmed and finding the conviction and sentence passed by Railway Judicial Magistrate 1st Sahibganj in R.P.S. No. 7 of 1992 corresponding to T.R. No. 70 of 2006. He found both the petitioner guilty under Sec. 3-A of the R.P. (U.P.) Act as also under Sec. 66 of the Railway Property Illegal Possession Act 1966 and sentenced them to undergo R.I. for one year.

(2.) It is submitted by the learned counsel for the petitioners that the petitioners have wrongly been held guilty by the trial Court. The petitioners were going to catch the train and when they reached at the station, they were arrested and the property which were lying on the Railway Yard were shown in possession of the petitioner and found one bundle of wire rope measuring about 70 meters.

(3.) Moreover it is submitted that the sentence for one year R.I. sentence should be reduced, since the petitioner have remained in jail custody for about 5 months during the trial, on the other hand, learned counsel for the State has opposed the prayer. It is submitted that during the trial, 6 witnesses were examined and all of them supported. They were running away with the stolen articles after breaking the military wagons and as such the question of wrong identification or wrong arrest does not arise. Both the Courts have found after considering the six prosecution witnesses that the petitioners were caught red handed, while they were running away after committing theft in the military wagon's goods of the Army. The seizure list and other documents have also been proved in Court and there is no illegality in both the judgments.