JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Learned counsel for the petitioners Mr. P.K. Mukhopadhyay, is present along with Mr. Ashish Kumar, Advocate.

2. Learned counsel for the State Ms. Nehala Sharmin, is also present.

3. This petition has been filed against the judgment dated 21st May, 2003 passed in Cr. Appeal No. 32 of 2001, by learned Additional Sessions Judge-XIII, Dhanbad, whereby the judgment passed by the learned trial court has been affirmed.

4. The learned trial court convicted the petitioners vide judgment of conviction and order of sentence dated 27.02.2001, passed by learned Judicial Magistrate (Railways) Dhanbad in R.P. Case No. 132 of 1997, corresponding to Session Trial No. 1621 of 2001, whereby the petitioners have been convicted for offence under Sections 3(a) of Railways Property (Unlawful Possession) Act, 1966 [hereinafter referred to as RP(UP) Act] and sentenced them to undergo rigorous imprisonment for a period of one year.

5. The learned counsel for the petitioners has submitted that the impugned judgments are perverse and are fit to be set aside, in as much as, one of the witnesses could not be cross-examined on account of his death. The learned counsel has furth