C.P.SINGH.J - (1.)THIS appeal by the State is directed against the judgment of the Fifth Additional Sessions Judge, Jabalpur, in Criminal Appeal No.146 of 1971 allowing the appeal of the respondent Chandansingh and setting aside his conviction, under section 3 of the Railway Property (Unlawful Possession) Act, 1966 for unlawfully possessing an injector steam cone and a restarting cone of the Railway Engine No.7048 and a sentence of Rs.300/ - fine or rigorous imprisonment for 3 months in the event of nonpayment of the imposed fine.
(2.)THE material facts for the decision of this appeal, in short, are that on 17 -6 -1970 at about 8.45 a.m., H. S. Mishra (PW 4) who was a fitter at Jabalpur Loco -shed found that a steam cone and a restarting cone of the Railway Engine No. 7048 were missing. He reported the matter in writing (Ex. P -1) to the Railway Protection Force, Post Jabalpur.
The day following the accused -respondent Chandansingh was interrogated and during the course of his interrogation he not only confessed his having stolen the two articles from the Railway Engine No.7048 with a view to selling them later on in the market, but also in the meantime having concealed them near the boundary wall of the Railway Sports ground. Mr. R. Roy (PW 1) drew the memorandum (Ex. P -2) in the presence of Shaukatali (PW 3) and Santosh Singh (PW 5) regarding the accused -respondent Chandansingh having concealed the two articles near the boundary wall of the local Railway Sports ground and pursuant to it through the instrumentality of the accused the two articles (Art, A the injector steam cone and Art B the restarting cone) came to be discovered and seized evidencing which Mr. Roy prepared the memoranda (Ex. P -3 and Ex. P -4, respectively). On examination Mr. C. B. Parashar (PW 2) found these articles to be belonging to the Railways.

(3.)ON these facts when prosecuted before the Special Magistrate First Class, Jabalpur, under section 3 of the Railway Property (Unlawful Possession) Act, 1966, the accused -respondent without challenging that the two articles had belonged to the Railways, claimed that he had been falsly implicated because of his earlier quarrel with the foreman over a wrongly prepared payroll.

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