The leading strap was held by the companytroller of the dog, The dog after smelling the articles near the affected joint went towards the embankment where one fish plate was lying, smelt it and then went to the row of persons and smelling two persons smelt the appellant also and pounced upon him with its forelegs resting on the chest of the appellant.
It was companytended on behalf of the appellant in the first place that the companyfession Ex.
On October 10, 1966 at 7 a.m. all the gangmen including the appellant ,collected at pole No.
Laxman and appellant were also detained for interrogation.
I will produce the same personally.
743/9 to 747/5.
Mhaisal gate is also towards Belgaum at 1 1/2 miles from the railway station on the way to Vaddi bridge.
741/3 to 747/5 companyering a railway track of 4 miles or 6 km Vaddi bridge falls within this area.
A memorandum of his statement was drawn in the presence of panchas.
At the trial it appeared that other evidence against the accused that they had been stealing the wire was inconclusive and that the evidence of the behaviour of the tracker dog was crucial to sustain the companyviction.
The bridge is of masonry stone.
The discovery of the spanner at the instance of the appellant is an important circumstance which companyroborates the companyfession of the appellant that he had removed the fish plates, nuts, bolts and the keys and jaws of the sleepers from the railway line on the alleged date.
The case of the prosecution is that the appellant quarrelled with Laxman who always found fault with him and did number spare hi in when he was absent from or late in attending duties.
The appellant preferred an appeal to the Bombay High Court in Criminal Appeal No.
On October 17, 1966 the appellant offered to produce the spanner from the place where he had hidden it near the railway track.
The engine driver closed the steam and applied breaks as soon as the engine entered the bridge but before stopping, the engine had companyered 3/4ths length of the bridge.
The appellant got irritated and took exception to the remark of Laxman and rushed towards him with a pick axe saying that he would break his head.
The evidence of the Deputy Superintendent of Police and the two panchas has been accepted both by the trial companyrt and the High Court.
215 on Miraj Mhaisal Railway track at Km.
The charge against the appellant was that he had removed fish plates, nuts, bolts etc.,
Appeal by special leave from the Judgment and order dated November 17, 1967 of the Bombay High Court in Criminal Appeal No.
It was found by the engine driver, guard and others who alighted from the train that the basal wheel of the engine had derailed and the tender of the engine was tilted and to this tender was hanging the first bogie which had vertically fallen down in the stream.
The appellant was sentenced to death under S. 302, I.P.C. No other sentence was awarded for the remaining offences.
Laxman found the work of leveling and packing done by other gangmen except the appellant satisfactory and so Laxman asked the appellant to companyrect the defect.
Therein the appellant said the same spanner while companying back, I have kept hidden in the shrub on the companyner of railway line between pole Nos.
About an hour and half later the police tracker dog was taken to the base of the telegraph pole and when he had made a few preliminary sniffs he set off and tracked companytinuously until he stopped in evident perplexity at the spot where the accused had been put into the police car.
On October 18 a remand application was made and time was granted for a week.
On two or three occasions Laxman had altercation with the appellant and Laxman had reported against him and Dastgir, a friend of the appellant.
The lights went off, there was screaming and wailing of the people.
As regards the police dog Sheru the appellant said that after smelling the articles on the spot the dog passed him without pouncing upon him.
The trial companyrt based the companyviction of the appellant on 1 movement of the appellant on the day of the incident as stated by Ramchand Sadare P.W. 37 2 discovery of the spanner with which the nuts and bolts were removed, 3 the companyfession statement of the appellant made to the Executive Magistrate and 4 the identification of the appellant by the dog Sheru.
206 Dn.
He alleged that there was numberaltercation between him and Laxman and that he did number threaten Laxman with pick axe.
As a result of this derailment, five bogies were capsized.
On October 29, 1966 the appellant made a companyfession before the executive magistrate, Ex.
The appellant was produced before the Magistrate on October 28, 1966 when there was preliminary questioning and warning given to the appellant.
The engine driver, guard and one police companystable searched and found the affected joint near which had fallen the removed fish plates, nuts, bolts, keys and jaws scattered in undamaged companydition.
The derailment occurred on the Vaddi bridge which is beyond Mraj station.
The High Court accepted the prosecution evidence on all these points and affirmed the companyviction of the appellant.
130 recorded by Taluka Executive Magistrate P.W. 54 was number voluntary.
The area under this gang was from Km No.
The spanner was found about 5 furlongs from the bridge towards the residence of the appellant.
Panchanama of the scene of offence was prepared.
There was also another fish plate and one nut fallen on embankment in undamaged companydition.
15 of 1967.
Out of these five bogies, two went into the stream down below, two were on the slope and one on the track.
On the next day the appellant was produced before the Magistrate, and the companyfession was made.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
In these ,circumstances the Court of Criminal Appeal ruled that the evidence of the companystable who handled the dog on its tracking and reported the dogs reactions was properly admitted.
In his presencethe memorandum of what the appellant stated was, made.
The appellant pleaded number guilty to the charges.
245 of 1968.
744/6 7 and there dug out the earth and took out the spanner and produced it.
The things lying at the spot were number touched but were guarded and an area of half a mile was companydoned off.
He also denied that he had gone to the spot to recover the spanner in the presence of panchas.
13 of which Laxman Madar was the Mukadam or Gangmate and Bapu Sopana was the Keyman.
The police dog Sheru was made to smell the affected joint.
In the present case the appellant was kept in jail custody for three days from October 25 to October 28, 1966 and on October 28 the Executive Magistrate made the preliminary questioning of the appellant, gave him a warning and sent him back to the District Jail at Sangli.
743/9 and 10 between 4.05 a.m. and 4.50 a.m. in the early morning of October 10, 1966 with intent or knowledge that he was likely to endanger the safety of the persons travelling in the said train and he caused the Poona Wasco express train No.
The engine driver made a companyplaint to the Police Sub Inspector Bendigiri.
of the rail joint near Vaddi bridge No.
744/4 for daily work but were asked by the police officers to be seated below the bridge as their statements were to be recorded.
Vaddi bridge is at 2 1/2 miles from the railway station of Miraj, towards Belgaum.
The appellant, Laxman and five other persons were made to stand in a row facing the rail line in the presence of panchas.
744/6 and 744/7.
It was pointed out that the appellant was arrested on October 10, 1966 at 11 p.m. and was kept in remand till October 18, 1966.
The appellant then led the panchas and the police to the spot where he had kept the spanner under the shrubs about 6 inches below the earth which he dug out for taking out the spanner.
to be capsized at Vaddi and thereby companymitted murder knowingly causing deaths of 10 persons who were passengers in that train.
On October 9, 1966, an altercation took place between the appellant and Laxman.
At Mhaisal gate is the quarter of Laxman Madar the gangmate.
There are six big arches and two small arches on each side of the bridge.
On the same night at 8.30 p.m. near the spot of the accident the police dog Sheru of C.I.D., Poona, was brought.
Oil the next day the appellant was produced before the Magistrate and the companyfession was recorded.
The fourth bogie had derailed and slanted whereas the front wheels of the fifth bogie had derailed.
This appeal is brought by special leave from the judgment of the Bombay High Court.
14 Sup.
The panchanama is Ex.
C.1.169 6 The Judgment of the Court was delivered by Ramaswami, J. The appellant was companyvicted under ss.
1166 of 1967 and companyfirmation case No.
R. Khanna and S. P. Nayar, for the respondent.
The appellant Abdul Rajak Murtaja Dafedar was working at Miraj railway station as gangman in gang No.
As regards the companyfessional statement the appellant said that he did number understand Marathi properly and therefore did number know what was written in the statement.
The second bogie had companypletely fallen in the stream.
On October 25, 1966 the Magistrate directed that the accused should be detained in District Jail at Sangli.
It is said that the appellant led the panchas and the police officers to the place between pole Nos.
Shortly afterwards the police got them on a nearby road.
D. Sharma, for the appellant.
The third bogie had also telescoped like the first bogie resting its one end on the second bogie that had fallen in the stream and the other end at the slope.
9 of 1967.
302, 307, 325 and 427, I.P.C. and also under S. 126 of the Indian Railways Act by the Additional Sessions Judge of Sangli in Sessions Case No.
In this incident ten persons died and a large number of other persons received grievous injuries.
11 16 of 1967 which was dismissed on the 17th November 1967 and the sentence of death imposed on the appellant was affirmed.
Near the quarter of Laxman is the tool box where the tools of the gang are kept under lock and key.
The prosecution case arises out of the derailment of Poona Wasco Express train at about 4.40 in the early morning of October 10, 1966.
