S.N.Pathak, J.

1. This revision is directed against the judgment dated 15-5-2000 passed by 1st Additional Sessions Judge, Samastipur, in Cr. Appeal No. 138/61 of 1991/1999 confirming the judgment of the trial Court dated 17-9-91 passed by Judicial Magistrate, 1st Class (Railway Magistrate), Samastipur, in RPF case No. 42/81, Trial No, 472/91. The revisionist was convicted for an offence u/s. 3 of the Railway Property (Unlawful Possession) Act, 1966 .

2. It has been submitted by the revisionists lawyer that admittedly certain railway properties were recovered from his railway quarter, but the properties were entrusted to him for being used in replacement of the railway lines at Ghoghardiha railway station. He was mats of the labourers and so he was expected to be in possession of those articles, which were entrusted to him by P.W.I, at the relevant time. Some P.Ws. admitted that there was no store at the railway station, Ghoghardiha and as he was entrusted with the property as mate of the labourers. P.W. 6 admitted at paragraph 4 that during the relevant period work of replacement of railway lines was going on in the section concerned.

3. So, the property recovered from the