Gurdev Singh, J. - (1.) THE petition -accused, Jaswinder Singh, was convicted for the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "the Act") and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/ - and in default thereof to further undergo rigorous imprisonment for a period of two months by Chief Judicial Magistrate, Fatehgarh Sahib, vide judgment dated 18.12.2001. He preferred appeal against that conviction and sentence, but the same was dismissed by Additional Sessions Judge, Fatehgarh Sahib, vide judgment dated 27.4.2005. Now, the present revision has been preferred by him against that conviction and sentence.
(2.) THE facts, in brief, are that on 21.8.1996, one load SIRTO -BAP came on railway line No. 1 in Railway Station, Sadhugarh, at about 1.20 p.m. The diesel engine of that load was unconnected and was sent to Ambala. At about 2.30 p.m., one electric engine No. 23786 was connected with that load. It was found that vacuum from the load was not being created. At the time, it was Ajay Pal Singh, SM/SDY, who was on duty. Bhajna Ram, Driver, Naresh Kumar, Co -Driver and S.K. Soni, Guard, in order to check the train, were going towards the brake portion thereof. When they reached near the latrine of platform No. 1, they found that Ajay Pal Singh, had stopped the accused, who was holding the brake block in his hand and was being asked by Ajay Pal Singh that he had not done good act. The accused managed to escape from the spot after throwing the brake block. 10 such brake blocks were found lying on the platform, which were taken into possession, along with the brake pins lying at that place. Message was sent to the control room and on the receipt thereof, Gurdev Singh, ASI, P.W. 7 came to the spot. All these facts were disclosed to him and the brake blocks and the brake pins, which were so recovered, were produced before him and those were taken into possession, vide memo Ex. P.W. 2/A. The ASI recorded the statements of all these railway officials. These brake blocks were tested by Surinder Singh, HTXR, P.W. 1, and he came to the conclusion that those were railway property and he gave his report Ex. PA accordingly. The ASI arrested the accused on 24.8.1996 and on interrogation, it was disclosed by him that on 21.8.1996, by taking advantage of the darkness, he was placing the brake blocks, after removing the same from the train on platform No. 1, when Ajay Pal Singh came to that place and stopped him from doing so. He also disclosed that the brake blocks, so removed by him, were 10 in number and those also included four brake pins. His confessional statement was also reduced into writing. After completion of the investigation, the complaint was presented before the Chief Judicial Magistrate. As the complaint was filed by a public servant in the discharge of his official duties, so the accused was summoned without recording any preliminary evidence. The accused was charged for offence under Section 3 of the Act, to which he pleaded not guilty and claimed trial. To prove his guilt, prosecution examined Surinder Singh, P.W. 1, Munshi Ram HC, P.W. 2, Bhajna Ram, P.W. 3, S.K. Soni, P.W. 4, Naresh Kumar, Driver, P.W. 5, Ajay Pal Singh, P.W. 6, Gurdev Singh ASI, P.W. 7 and Chander Shekhar Kapoor, P.W. 8. After the close of the prosecution evidence, the accused was examined and his statement was recorded under Section 313 Code of Criminal Procedure The incriminating circumstances appearing against him in the prosecution evidence were put to him in order to enable him to explain the same. He denied all those circumstances and pleaded his innocence and false implication. He also stated that no such railway property was recovered from him. He was called upon to enter on his defence and he examined Hardeep Singh, D.W. 1, in his defence evidence.
(3.) I have heard learned Counsel for both the sides.;