Judgment

IMAM, J. (for self and Subba Rao and Mudholkar, JJ.) Appellant Shyamlal was convicted by the Honorary Railway Bench Magistrate, Tundla Bench Agra, exercising first class powers, for an offence punishable under S. 121 of the Indian Railways Act and was sentenced to pay a fine of Rs. 60/, and in case of default in the payment of fine, to two months, rigorous imprisonment. His appeal to the II Additional Sessions Judge, Agra was dismissed and his conviction and sentence were confirmed. He then filed Revision No. 971 of 1961 in the High Court of Judicature at Allahabad, but the same was also rejected by Mr. Justice Brij Lal Gupta. Against the Judgment of the High Court, he obtained special leave from this Court and has filed this appeal.

2. The appellant Shyamlal was a pointsmen at Achhnera Railway Station. He bore grudge for some time against Hukam Chand Chaturvedi, P.W. 2. who was a Guard. The latter had taken in 1955 objection to a bed being carried on a passenger train by the appellant. Hukam Chand had also detected the appellant taking Railway line sleepers in a compartment, a portion of which was protruding out of the compartment, and made a report against the appellant, a