JUDGMENT

K. Jayachandra Reddy, J. - Both these appeals are filed against the common judgment of the High Court of Calcutta reversing the order of acquittal passed by the Sub Divisional Judicial Magistrate. Siliguri.

2. Six accused were tried by the Sub Divisional Judicial Magistrate for an offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (Act for short). According to the prosecution on 20.8.1972. M.K. Tewari P.W. 1 was posted at Siliguri Junction diesel shed as S.I. of R.P.F. On that day at about 3.30 hrs. he found 617 persons pushing a hand trolley towards gate No. 5 leading to shunting neck which was loaded with some heavy materials. P.W. 1 suspected the activities of those persons and raised an alarm by blowing his whistle. As soon as he came out of gate No. 3 he also found A.S.I., P.W. 3 and another Rakshak near Y.M. Office. He told them to arrest the persons for moving the trolley. All of them rounded them up but three of them managed to escape and they could arrest three accused persons namely P.C. Sen Gupta. K. Appanaidu and Budhi Kr. Routh. original accused Nos. 4 to 6. P.W. 1 and the other officer found that the trolley was loaded