SHYAMLAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Shyamlal was convicted by the Honorary Railway Bench Magistrate, Tundla Bench Agra, exercising first class powers, for an offence punishable under S. 121 of the Indian Railways Act and was sentenced to pay a fine of Rs. 60/, and in case of default in the payment of fine, to two months, rigorous imprisonment. His appeal to the II Additional Sessions Judge, Agra was dismissed and his conviction and sentence were confirmed. He then filed Revision No. 971 of 1961 in the High Court of Judicature at Allahabad, but the same was also rejected by Mr. Justice Brij Lal Gupta. Against the Judgment of the High Court, he obtained special leave from this Court and has filed this appeal.

(2.) The appellant Shyamlal was a pointsmen at Achhnera Railway Station. He bore grudge for some time against Hukam Chand Chaturvedi, P.W. 2. who was a Guard. The latter had taken in 1955 objection to a bed being carried on a passenger train by the appellant. Hukam Chand had also detected the appellant taking Railway line sleepers in a compartment, a portion of which was protruding out of the compartment, and made a report against the appellant, as', a result of which he was transferred. It is alleged that on November 30, 1959, Hukam Chand was on duty as a Guard on 20 Down train standing at the platform at Achhnera Railway Station at about 4-50 p.m. Suddenly the appellant came out from behind a compartment, armed with a scythe, and waiving it in his hand in a menacing way told Hukam Chand that he would cut his neck, and hurled abuses on him thereby causing an obstruction in the discharge of his duty.

(3.) P.W.2, Hukam Chand Chaturvedi, narrated the entire prosecution case and his statement was corroborated in full by P. W. 3. R. L .Pandey, P.W. 4 Chanda Ram, P.W. 8 Maharaj Dutt and P.W. 9 Nisar, who were independent witnesses, and there is nothing at all to show that they are inimical to the appellant. On a careful consideration of the evidence, the Additional Sessions Judge, Agra came to the conclusion that the prosecution have been successful in establishing its case and the appellant came out from behind a compartment abused Hukam Chand and waived the scythe towards him in a menacing way shouting that he would cut his neck with it.