- (1.) The State of U.P. has filed this criminal appeal under section 378 Cr.P.C. challenging the judgment and order dated 09.06.2010 passed by the Additional Chief Judicial Magistrate, Northern Railway, Lucknow in Case No.2692 of 2003, whereby the respondents have been acquitted of the charge under section 3 of Railway Property (Unlawful Possession) Act, 1966, herein after referred to as "Act".
(2.) The prosecution story, in short, is that on 11.10.2003, the Inspector Incharge of Police Station R.P.F., Lucknow main, received an information on telephone that two trucks bearing registration no.UP 32 A 0779 and URL 4044 are standing in the railway yard and excess loading is being made. On receiving this information at 12.00, the Inspector Incharge alongwith his team reached P.W.I. Store Alambagh and found both the aforesaid trucks standing and loading process was going on. The police team found stock verifier M.N.Khan, purchaser Dilip Singh, C.P.W.I. Ramji Ram and S.I. Kamlesh Singh. At about 12.45, one of the trucks No.UP32 A 0779 moved and went towards Kanpur Road. It is stated that the police team followed the aforesaid truck and after covering some distance, the truck stopped at K.K.Dharamkanta, where the truck was weighed. The truck was thereafter parked on the road side. The Inspector Incharge came back leaving one constable to look after the truck. When the Inspector Incahrge came back, he found another truck being loaded. After sometime this truck also left the place at 14.15 hours and this truck also stopped at K.K.Dharamkanta where it was also weighed. In the meantime, the police force also reached there. The stock verifier M.N.Khan, purchaser Dilip Singh alongwith C.P.W.I. also reached there and took some papers from the driver of the truck. Thereafter both the trucks moved and at about 5.35 the trucks stopped at Leprosy House. At about 7.00 P.M. Dilip Singh and two others came there and boarded the truck No. UP 32 A 0779. The police party took two witnesses, namely, Sameer Kumar Srivastava and Ravindra Jaiswal. As soon as the truck moved from Leprosy House, the trucks were stopped near LDA Colony at about 7.15 P.M. Truck No.UP 32 0779 was being driven by Asif Husain. The other persons sitting on the truck, were Dilip Singh and Shamsher Bahadur Singh. When they were asked about the load, they took out a issue note from their pocket and also produced a receipt showing the total weight of the truck. According to issue note, 8.820 ton load was purchased and delivered to Dilip Singh. The said note was bearing a seal of P.W.I. and signed by stock verifier as well as the purchaser. Another truck no.URL 4044 was driven by Abdul Aziz, he also showed a document bearing the name of Jhansi forwarding agency. He also stated that the load was made at P.W.I. Alambagh. However, for want of sufficient labours, the load could not be checked. The two persons present there, namely, Shamsher Bahadur Singh and Dilip Singh introduced themselves as purchasers and said that they have taken delivery of 8.820 ton of load in writing but have actually taken delivery of the double load. They also pleaded guilty.
(3.) The prosecution examined three witnesses under section 244 Cr.P.C. and on the basis of aforesaid evidence, the trial court framed charges against the respondents under section 3 of the Act. Since the charges were not accepted by the respondents, the prosecution led evidence under section 246 Cr.P.C. and examined 19 witnesses. The prosecution also produced documents to show that excess material was loaded on both the trucks. After the prosecution evidence was over, the statement of the respondents was recorded under section 313 Cr.P.C. and they were given opportunity to give evidence in defence. The respondents also examined five witnesses and produced documents to show that they were the bonafide purchasers of load. The learned trial court on the basis of the material on record, found that the charges against the respondents were not proved and they were accordingly acquitted.;