Deepak Roshan, J. - (1.) This application is directed against the judgment dated 18.08.2014 passed in Criminal Appeal No.102/2014 by the learned Sessions Judge, Dhanbad whereby the judgment of conviction and order of sentence both dated 26.02.2013 passed in R.P. Case No.100/94/ T.R. No.6/13 passed by learned Special Judicial Magistrate (Railway), Dhanbad, whereby the petitioner has been found guilty for the offence under Section 3(a) of R.P. (U.P.) Act and has been sentenced to undergo simple imprisonment for 2 years and also directed to pay a fine of Rs.2,000/- and in default of payment of fine, he was further directed to undergo simple imprisonment for six months, was affirmed.
(2.) The prosecution case was instituted on the basis of a written report of the informant, namely, Sanjay Bhagat, S.I. RPF Post, Dhanbad alleging therein that on the basis of secret information an abandoned house was raided at Nishat Nagar, Wasseypur on 30.06.1994. On seeing the raiding party, two persons, who were present there, fled away. They were identified as appellant Fahim Khan and Baldev Mandal. On search in presence of two local witnesses one railway steel trough sleeper, four nos. of CST-9 plates and six nos. of railway wagons B.G. Spring of C & W department were recovered.
(3.) After investigation, I.O found the occurrence to be true and submitted prosecution report under Section 3 R.P. (U.P.) Act. The cognizance of this case was taken on the same day under Section 3 R.P.(U.P.) Act. The charges were framed against the appellant on 12.01.2012, to which he pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution has adduced Sanjay Bhagat as P.W.1, Lallan Dubey as P.W.2, Mukul Chatterjee as P.W.3, Abinash Chandra Singh as P.W.4, D.K. Jana as P.W. 5, Md. Samshad Khan as P.W. 6. The prosecution has also adduced seizure list as Ext.1, written complaint as Ext.2, Site plan as Ext.3, prosecution report as Ext.4, Expert opinion as Ext. 5 & 6 respectively and signatures of the witnesses on the seizure list as Ext.1/1 and 1/2 respectively. The statement of the appellant was recorded under Section 313 Cr.P.C on 04.12.2012. On the basis of evidence, both oral and documentary available on the record, the learned court below held the appellant guilty and sentenced him accordingly.;