JUDGMENT :- This Criminal Revision Application is filed by the petitioner/original accused, being aggrieved by the judgment and order dated 19th September, 1994, passed by the Additional Sessions Judge, Malegaon, in Criminal Appeal No. 1 of 1989. By the impugned Judgment and Order, the learned Additional Sessions Judge, Malegaon, dismissed the appeal filed by the appellant/original accused-Salim Mohammed Babul and maintained the conviction and sentence recorded by the Judicial Magistrate, First Class (Railways), Manmad, by his Judgment and order dated 1st July, 1985. The Judicial Magistrate, First Class (Railways), Manmad, had convicted accused No. 1 - Salim for the offence punishable under Section 3 (a) of the Railways Property (Unlawful Possession) Act, 1966 and sentenced him to suffer R. I. for one year and to pay a fine of Rs. 1,000/-, in default, R. I. for 6 months. The learned Judicial Magistrate, First Class (Railways), however, acquitted accused No. 2 - Bipinkumar Mohanlal Jobanputra of the said offence, who was arraigned before him as accused No. 2.

2. The prosecution story, in brief, can be narrated as follows :

On 5th July, 1981, at about 1.00 hours to 1.30 hours, some 25

Click Here to Read the rest of this document