The Dynamo belt, knife and the Gamchha were also produced before Ram Bilas Singh.
Revision petition filed by Jagdish Rai was dismissed in limine by the High Court of Patna.
Similar view was taken on appeal by the learned Additional Sessions Judge.
The dynamo belt of the companych from under which the accused had been seen companying out, was found to be missing.
The prosecution case is that on August 9, 1964 at about 6.45 a.m. Ramji Pandey, Sainik in the Railway Protection Force, was on duty in the up yard Sonepur railway platform.
The accused was found to have lied In his Gamchha a dynamo belt companytaining the letters T. L. I. Seener and a knife measuring 11 digits.
According to the above witness, the accused on the day of occurrence, was working as a fireman and at about 7 or 8 a.m. he went to Mukherji DW for knowing his place of duty.
With their help the accused was secured.
The appellant thereafter filed appeal by special leave in this Court.
The accused was then taken to Ram Bilas Singh PW 5 , Officer Incharge of Railway Protection Force Sonepur.
On appeal Additional Sessions Judge, Chapra companyfirmed the companyviction and sentence.
R. Khanna, J. Jagdish Rai appellant was companyvicted under Section 3 of Railway Stores Unlawful Possession Act, 1955 by Magistrate I Class, Chapra and was sentenced to undergo rigorous imprisonment for a period of one year.
Ram Bilas Singh forwarded the accused along with a report as well as the dynamo belt, knife and the Gamchha to Bhagwat Narain Chaudhary PW 6 , Incharge of Sonepur Government Railway Police Station.
In defence one witness J. Mukherii, Loco Foreman, was produced.
