KRISHNA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision application has been filed by the petitioner being aggrieved and dissatisfied by the judgment dtd. 3/9/2002 passed by Sessions Judge, Sahibganj in Cr. Appeal No.27/2001, whereby he has dismissed the the appeal and confirmed the judgment of conviction and order of sentence dtd. 25/6/2001 passed by Sri Vijay Narayan Singh , SDJM, Sahibganj in G.R.No.300/1994, T.R.No.21/2001, whereby the learned SDJM, Sahibganj had held the petitioner guilty under sec. 409 of the Indian Penal Code and sentenced him to undergo R.I. for three years.

(2.) The instant criminal revision was filed on 27/11/2002 and on 29/11/2002 the same was admitted for hearing and the petitioner was admitted on bail. After lapse of about 14 years this case was listed on 27/4/2016. Thereafter, on 30/8/2018 for the first time, this case was listed before this court and after adjurnments this was listed on 3/10/2019 and lastly on 19/11/2018.

(3.) The case of the prosecution, in short, is that on 7/9/1994 at about 6.45 a.m. Kote inchage Naik 1798 Sukhdeo Narayan Upadhaya informed the informant that when he came to RPF post 'Kote' Sahibganj to issue arms and ammunition to guards, he found that one Rifle with 25 rounds of cartridges missing from the Kote with the Magazine where constable no.4543 Sri Krishna Yadav was on sentry duty. Meanwhile, search was conducted and the missing fifle without magazine was found kept in a bush on the north side of the old second class waiting room, which was then unde construction. Later on 25 live rounds cartridges with five charger clips were recovered from the possession of accused Manju Soren.