OBIN SAMUEL WHEELER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred by the original accused No. 1 Obin Samuel Wheeler against him conviction under section 304, Part II of the Indian Penal Code and sentence of rigorous imprisonment for three years. Along with him, accused No. 2 Dodappa Gangappa Kamadoli was also prosecuted, but he was acquitted.

(2.) At the material time, deceased Mallikarjuniah was the Station Master at the Railway Station, Miraj. Narsinvan (P.W. 17) was the First Assistant Station Master and Vithalrao Shinde (P.W. 6) was another Assistant Station Master at the same place. Accused No. 1 was the Cabin Assistant Station Master and accused No. 2 was the Relieving Assistant Station Master. Mallikarjuniah was staying alone at Miraj. His family was staying at Bellary. Mallikarjuniah was, therefore, staying in the Rent House near the Narrow Gauge Railway Station, Miraj.

(3.) There were complaints against both the accused regarding their duties. It was noticed that they were remaining absent without permission from their duties, were not properly attending to their duties and used to detain trains. In April 1972, on the report of Mallikarjuniah against accused No. 1 for remaining absent from duty on 16th March, 1972 without prior sanction of leave and without producing medical certificate, an explanation was called from accused No. 1. There were also other reports against him from time to time to the superior officers of misbehaviour.