SHIVAKANT PRASAD,J. - (1.) This appeal is directed against the judgment and order of acquittal dated 24th May, 2012 passed by the Additional Chief Judicial Magistrate, Durgapur in CR. No. 262 of 2004 arising out of R.P.F. Post, Durgapur Case No. 10 of 2004 acquitting the accused persons of the charge under Section 3(a) of the R.P (UP) Act.
(2.) Shorn of unnecessary details, the prosecution case is that on 19.6.2004 after getting source information regarding the disposal of stolen railway signal transformer by some miscreants, the RPF Personnel under the supervision of Shri M. Angaria RPF Personnel of Durgapur Post conducted raid on ambush near K M No. 127 on the railway track situated in between Galsi and Khana Railway station. They started conducting the raid from 3.00 A.M. in the night. While they were on prowl on ambush at about 4.00 A.M. raiding party noticed that three persons were coming from East to West direction by the South side of the railway track, carrying something in their hands. Their movements while carrying the things in their hands appeared to be suspicious and when the accused persons came nearer to the ambushing RPF Personnel, the RPF Personnel immediately intercepted them who started fleeing away but after hot chase and pursuit, they could apprehend only one accused with one bag in his possession. The other two accused persons managed to flee away from the spot. But they, while fleeing away from the spot, dropped behind their each one's bag. On search and seizure from the 3 bags one from the possession of the apprehended accused and other 2 each from the fleeing away two accused persons, each bag was found containing 2 nos. of signal transformers totalling to 6 nos. of signalling transformers.
(3.) The apprehended accused disclosed his name and identity as Azijul Sk. and he confessed that they were all total three persons and they had stolen said railway signalling transformers three days ago after breaking open the iron box where they were installed and they kept them concealed in the bushes for onward carrying them for disposal on sale to any feriwala. He also disclosed the names of the other two accused persons namely, Lokai and one Farin. The above items were seized by the RPF Personnel under Seizure List. The instant case was registered and the Inquiry Officer after completion of inquiry into the case, submitted prosecution report under Section 3 (a) RP (UP) Act, 1966 against three accused persons namely against (1) Sk Azijul, (2) Lokai and (3) Farin appellants herein.;