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.
appeal by special leave from the judgment and order dated june 30 1961 of the allahabad high companyrt in criminal revision number 971 of 1961.
it is alleged that on numberember 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. in.
p. lal for the respondent.
was delivered by imam j. dayal j. delivered a separate judgment.
against the judgment of the high companyrt he obtained special leave from this companyrt and has filed this appeal.
criminal appelate jurisdiction criminal appeal number 9 of 1962.
he bore grudge for some time against hukam chand chaturvedi p. w. 2 who was a guard.
hukam chand had also detected the appellant taking railway line sleepers in a companypartment a portion of which was protruding of the companypartment and made a report against the appellant as a result of which he was transferred.
his appeal to the 11 additional sessions judge agra was dismissed and his conviction and sentence were companyfirmed.
he then filed revision number 971 of 1961 in the high companyrt of judicature at allahabad but the same was also rejected by mr.justice brij lal gupta.
the appellant shyamlal was a pointsman at achhnera railway station.
imam j. appellant shyamlal was companyvicted by the honumberary railway bench magistrate.
the latter bad taken in 1955 objection to a bed being carried on a passenger train by the appellant.
the judgment of imam subba rao and mudholkar jj.
february 13.
s. golani and k. l. mehta for the appellant.
