( 1 ) THIS revisional application is directed against the judgment and order dated 12-8-92 passed by the learned Additional Sessions Judge, 2nd Court, Midnapore in Criminal Appeal No. 32 of 1991 thereby affirming the judgment and order dated 27-2-91 passed by the learned Judicial Magistrate, 1st Court, Midnapore in U. R. Case No. 254 of 1982 (T. R. 269/83) convicting the accused petitioners under Section 3 (a) of Railway Property (Unlawful Possession) Act and sentencing each of them to suffer rigorous imprisonment for one year.

( 2 ) THE case of the prosecution is that on 15-8-82 at about 16. 30 hours P. Ws. 1, 2, 3 and 4 held an ambush, when they found accused Gurucharan Pasi and Nikhil Chandra Pramanick to carry one brake-beam and to enter into an incomplete structure of bricks having no roof. They followed them and caught red-handed with the said brake beam. Entering into the said structure they found another person named Shib Charan Pasi handling with railway materials. On being asked none of those persons could produce any valid document in support of their possession of such railway materials. All the three accused were arrested and the railway materi