DEVENDRA HALDER @ DEWANAND HALDER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since issues in both the aforesaid revision applications are connected with each other hence both these applications are being taken up together and disposed of by this common judgment.

(2.) The instant application is directed against the judgment dated 30.6.2014 passed by the learned Additional Sessions Judge - I, Sahibganj in Criminal Appeal No. 06 of 2012, whereby the appeal preferred by the petitioners of both the aforesaid applications has been dismissed and the judgment of conviction and order of sentence dated 23. 12. 2011 passed by the learned Railway Judicial Magistrate, First Class, Sahibganj in R. P. S. No. 09 of 1998 (T. R. No. 26 of 2011), whereby the petitioners were found guilty for the offence punishable under Section 3(a) of the R. P. (UP) Act and were sentenced to undergo RI for two years each along with fine of Rs. 1,000/- each, has been affirmed.

(3.) The prosecution story in brief, as reflected from the written report of complainant, S. S. Paswan, A. S. I. /RPF/Barharwa is that on the basis of confessional statement of accused Sukchand Sk. a raid was conducted on 28. 04. 1998 at the shop and godown of other co- accused Habbu Sk. @ Gulam Hussain and Manzoor Sk. , from where Railway properties i. e. bearing plate, brake block, tie bar, C. S. T. - 9 plates, ACS wire, steel trough sleeper etc. were recovered for which no valid documents or authority were produced. It has further been alleged that at the time of raid both the accused persons namely Habbu Sk. and Manzoor Sk. fled away from the place of occurrence, as such the accused persons, namely, Deanand Haldhar and Tullu Sk. who were running the shop and godown on that point of time were arrested and in their presence, seizure list was prepared and copy of the same was given to them.