Judgment

RAMASWAMI, J.- This appeal is brought, by special leave, from the judgment of the Patna High Court dated September 14, 1965 in Criminal Appeal No. 268 of 1962 filed by the appellant against the judgment of the Special Judge, Santhal Parganas, Dumka, dated March 31, 1962.

2. In January, 1958 the appellant was employed as a Railway Guard on the Eastern Railway and was posted at Shibganj Railway Station. On January 18, 1958, Hinga Lal Sinha (P. W. 47) who was in charge of squad of travelling ticket examiners caught hold of Shambu Pada Banerji (P. W. 54) as he found him working as a bogus travelling ticket examiner in a train. P. W. 47 handed Shambu Pada Banerji to Md. Junaid (P. W. 48) who was a police officer in charge of Barharwa Railway out-post. A Fard Beyan was recorded on the statement of P. W. 47 and G.R.P. Case No. 12(1) 58 was registered against Shambu Pada Banerji. In connection with the investigation of that case the house of the appellant which was at a distance of 300 yards from Sahebganj Railway station was searched on January 19, 1958 at about 3 p.m. by P. W. 56 along with other police officers, Md. Junaid (P. W. 48) and Dharmadeo Singh (P. W. 57). Various articl