JUDGMENT :

Heard Mr. Amrendra Kumar, learned counsel appearing on behalf of the petitioners.

2. Heard Ms. Mahua Palit, learned A.P.P. appearing on behalf of the Opposite Party-State.

3. The present criminal revision application has been filed for setting aside the Judgment dated 23.06.2012 passed by the learned 1st Additional Sessions Judge, Deoghar in Criminal Appeal No. 14/2011 whereby and whereunder the learned appellate court confirmed the Judgment of conviction and the order of sentence dated 26.02.2011 passed by the learned Railway Judicial Magistrate, 1st Class, Madhupur in GOCR Case No.207 of 2006/Tr. No.112 of 2011 and dismissed the criminal appeal preferred by the petitioners.

4. The learned trial court had convicted the petitioners under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 and had sentenced them to undergo Simple Imprisonment for one year and the period undergone in jail custody was directed to be set off.

Submissions on behalf of the Petitioners

5. Learned counsel for the petitioners submitted that the present offence is the first offence of the petitioners and they have been sentenced under Section 3(a) of the Railway Properties (Unlawful Pos