CHATTISGARH HIGH COURT
Not mentioned, J
Kailash Singh – Appellant
Versus
Union of India – Respondent
1. Questioning the legal acceptability and sustainability of the impugned judgment dated 16.3.2004 passed by Third Additional Sessions Judge, Raipur in Criminal Appeal No. 88/2003 affirming the judgment of conviction and order of sentence awarded by Special Railway Magistrate, Raipur in Criminal Case No. 1613/91 on 7.3.2003, instant revision has been preferred by two applicants namely Kailash Singh (A - 1) & Dushyant Soni (A - 2).
2. The core facts required to be noticed for consideration of this revision are as under: -
(2.1) On 21.01.1991, Mr. B. N. Upadhyay along with his staff conducted a raid in the Dabrapara area and caught hold of accused / applicant (A - 1)in the railway area. Upon memorandum (Ext. P5) of accused Kailash, some railway property, i.e., 11 signal - hook, 3 pieces signal - spring and other railway articles, were seized from him vide Ext. P6. At the instance of accused / applicant (A - 1), some railway property, i.e., 80 kgs. signal - junction, 10 kgs. copper - ring, 2 E.P.Ds. and other railway articles, were seized from the shop of accused / applicant (A - 2) vide Ext. P7. Accused / applicant (A - 2) informed the police that he has purchased the said railway ar
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