35 down, assembled at Agra on or about August 28, 1949, and stabled at Asaoti, a railway station about half way between Mathura and Delhi.
They killed one and captured four with the looted property.
According to the respondent these companysignments were looted from the stabled train between the 4th and 11th September, 1947.
On 12th September, there is an entry to the effect that the military escort arrived by passenger train at 8 35 p.m. and fired two three times on the robbers who were looting goods from the stabled train.
One wounded man was caught and one bullock was also captured.
The station staff shouted and chased them in the field and found broken tins which were brought back and put into the wagons.
The dead body and the injured man were removed by train and the four men and one bullock were taken by railroad at about 7 50 next morning.
This was apparently the last looting for on 15th September there is an entry to the effect that additional police armed guard arrived to protect the station.
There is numberdispute that the appellants companysignments were to be delivered at Delhi and that they were in fact number delivered.
As I said before, as time went on the descriptions in the diary became more lurid and what was theft was later shown as determined looting by a mob numbering 500.
On 7th September, it was numbered that a mob of villagers attacked the stabled load and broke seals of one wagon and robbed away oil tins from it.
The appellants companysignments were admittedly being carried by a goods train, No.
R. Mudholkar, J. The companymon question which arises in this group of appeals from 9 judgments of the High Court of Punjab which were disposed of along with 5 other appeals by a companymon judgment is whether the Union of India is liable to the companysignees of different companymodities or goods which were companysigned to them by rail from various places in the companyntry on account of their number delivery.
