LAWS(GAU)-1993-3-34

STATE OF ASSAM Vs. BHOGNARAYAN SHAH

Decided On March 23, 1993
STATE OF ASSAM Appellant
V/S
BHOGNARAYAN SHAH Respondents

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 26.2.1985 passed by the Sessions Judge, Dibrugarh in Criminal Appeal No. 3(1) of 1985.

(2.) The respondents are scrap iron dealers and regular purchaser of scrap iron from Railway. On 9.9.1982, one S.I. of Railway Protection Force along with his men search, the godown and house premises of the respondents in presence of witnesses and found and recovered materials like 27 new bogie coil spring, steel plate spring (14 in numbers) buffer coil spring etc., alleged to have been stolen away Statement were recorded by R.P.F. personals after the seizure of the stolen materials. In the trial the Chief Judicial Magistrate found them guilty U/s. 3(a) of R.P. (V.P) Act convicted them under the said section and sentence to suffer 1 year R.I. and to pay a fine of Rs. 2,000/- in default 3 month R.I. In appeal, the Sessions Judge acquitted them by his impugned judgment and order as aforesaid.

(3.) Heard Mr. B.B. Narzari, learned senior Public Prosecutor and Mr. N.C. Das for the respondents. I perused the judgments of the courts below and the evidence both oral and documents on record.