PYAREY MOHAN Vs. STATE

JUDGEMENT

(1.) The six appellants in these three appeals were employed in the North-Eastern Railway (then known as the Avadh and Tirhut Railway) at the Goods' Shed at Cooperganj in Kanpoor.

(2.) Pearey Mohan, appellant in Criminal Appeal No. 197 of 1954, had been posted as inspector in overall charge of the shed for several years and he continued to occupy this post till 19-7-1947, when he was transferred. He was re-transferred to Coopergunj on 13-10-1947 and continued to occupy this post till after 30-5-1948.

(3.) Pearey Mohan had under him about 25 , chaukidars 6 or 7 peons and about 40 clerks including Ram Daur Misra, S. N. Pathak, and, Kamta Parsad, appellants in Criminal Appeal No. 198 of 1954, who were loading foreman (or clerk), relieving clerk and General Shed clerk respectively, and the appellants in Criminal Appeal No. 345 of 1954, Salig Ram and Ram Karan Misra, who were General Shed clerk and Trains Clerk respectively. All of them, except S. N. Pathak were at Coopergunj for the full period between 30-5-1947, and 30-5-1948. Pathak was there only from 12-10-1947 to 15-1-1948. During the period mentioned above there was great difficulty in procuring wagons for the transport of general merchandise --a difficulty which became more accute with the lifting of controls.