Judgment

RAMASWAMI, J. :- The appellant was convicted under Sections 302, 307, 325 and 427, Indian Penal Code and also under Section 126 of the Indian Railways Act by the Additional Sessions Judge of Sangli in Session Case No. 9 of 1967. The appellant was sentenced to death under Section 302, Indian Penal Code. No other sentence was awarded for the remaining offences. The appellant preferred an appeal to the Bombay High Court in Criminal Appeal No. 1116 of 1967 which was dismissed on the 17th November, 1967 and the sentence of death imposed on the appellant was affirmed. This appeal is brought by special leave from the judgment of the Bombay High Court.

2. 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. The derailment occurred on the Vaddi bridge which is beyond Miraj Station. As a result of this derailment, five bogies were capsized. Out of these five bogies, two went into the stream down below, two were on the slope and one on the track. In this incident ten persons died and a large number of other persons received grievous injuries. The charge against the appellant was that he had removed fish p