R.P.Yadav - (1.) -This criminal revision has been preferred by Sheesh Ram and Sharda Nand Pandey against the judgment and order dated 8.10.1986, passed by Additional Sessions Judge, Moradabad, in criminal appeal No. 63 of 1986, confirming the judgment and order of the Judicial Magistrate, Railways, Moradabad dated 7.4.1986, whereby the learned Railway Magistrate convicted the said two revisionists for the offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 and sentencing each of them to undergo R.I. for a period of two years and fine of Rs. 500. The learned, Sessions Judge has modified the sentence and reduced the same to one year R.I. and Rs. 500 as fine and in default, three months R.I.
(2.) THE occurrence is said to be dated 7.4.1980. It is said that S.I., R.P.F., Shri Ganga Sadhu Singh P.W. 2 alongwith Shri Sheo Nath Singh, constable, R.P.F. was on patrolling duty in up-hump yard at the Railway Station, Moradabad. It was about 3.10 a.m., when they were near a culvert, they felt some rattling noise at line No. 3, they went ahead and noticed the R.P.F. Guards, the two revisionists were taking two cartons (petis) of XXX skipper rums from stationary Wagon No. CR 57627, which was then parked at Railway Line No 3. THEy noticed that the said rum cartons were being taken out after breaking open the northern gate of the Wagon. THEy caught hold of these two revisionists/accused alongwith two cartons of the rum, which was allegedly Railway property having been booked from Unnao to New Delhi for carriage. A memo of recovery was prepared and on that basis a report was registered and after due investigation, the two revisionists were charge-sheeted. The revisionists dented the prosecution allegations and pleaded not guilty to the charge. The prosecution examined nine witnesses in all. P.W. 1, Head Constable, R.P.F. Sheo Nath Singh, P.W. 5 S.I. Shri Ganga Sadhu Singh are said to be the eye-witnesses, who had apprehended the two revisionists on the spot while taking away the two rum cartons from the Wagon. The learned Magistrate believed the evidence of the said witnesses and convicted and sentenced them. The appeal preferred by them against their conviction was dismissed but the sentence was modified and reduced to one year R.I. and Rs. 500 as fine. It is against these two orders, the present revision has been filed, wherein the order of conviction and sentences passed on the revisionists, have been challenged.
(3.) I have heard Shri J. N. Chaturvedi, the learned senior counsel for the revisionists, who is assisted by Shri R. C. Yadav, advocate. I have also heard the learned A.G.A. and examined the record. The learned counsel for the revisionists has filed written arguments also on 14.5.2002, which is on the record.;