AVADH BEHARI SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was the acting Station Master of Ghatera railways station on the Bina-Katni section of the G.I.P. Railway. He has been convicted under S. 101. Indian Railways Act, in connection with a head-on collision at his station, of two goods trains on 31-5-1950. He has been sentenced to rigorous imprisonment for six months. Along with him an Assistant Station Master, M. S. Sharma, a pointsman, Budhu Singh, of the station, as well as a Guard, Badriprasad, were also prosecuted. They were acquitted by the trial Court. The conviction of the appellant was confirmed on appeal to the Sessions Judge and on revision to the High Court. This is an appeal therefrom by special leave.

(2.) The facts which lead to the prosecution were as follows. Ghatera is a non-interlocked station in the Bina-Kanti section. the outlying stations on each side are Sagoni and Bandakpur. Up trains are being received from Sagoni and down trains from Bandakpur. The station has one main line and two loop lines. On 31-5-1950, the appellant was the Acting Station Master on duty at the relevant time. A ballast train had first arrived and was standing on the outer loop line. A double-headed goods train. H. 10 Up arrived thereafter at Ghatera at 15-15 hours and was admitted from Sagori side on the inner loop line which is adjacent to the main line. Almost immediately after the arrival of this train F. 45 Dn. - a double-headed goods train - steamed in from Bandakpur side into the same inner loop line and there was a head-on collision with the previously arrived. H. 10 Up goods train which by then had become stationary. The result was that the engines of both the trains and eight vehicles were completely damaged, two drivers and one firman were immediately killed on the spot, and some other persons also received injuries. The prosecution case is that in view of the fact that a Ballast train and H. 10 Up were occupying the two loop lines, the F. 45 Dn. Should have been received on the main line but that the accident occurred because the signals on the down side had been wrongly lowered without previously setting the points for reception of the incoming down train into the main line. The defence of the appellant was that at the time when F. 45 Dn. steamed in, both the home and the outer signals on the down side were at danger and not lowered down as the prosecution alleges but that the driver of the train rushed into the station at excessive speed without noticing that the signals had not been lowered for reception of the train into the station.

(3.) To understand the prosecution case and the defence, it is necessary to appreciate the system in vogue at that time in that station for the working of the signals and for the setting of the points for reception of the trains into the various lines in the station. They are to be found from the working orders of the station and the evidence of the permanent Station Master, P. W. 4. For receiving any train on the loop lines the points at both the far ends of the particular loop line must be set to connect with the main line and the line must be clear for a distance of not less than 200 yards beyond the outer-most trailing points. If there is already a train on the outer loop line as in this case, and if the inner loop line has to be set for reception of another train the Guard of the stationary train shares the responsibility of seeing that the points are properly set for reception of the incoming train into the inner loop line. Similarly when at about the same time another incoming train is also due to arrive, it has to be received on the main line and the Guard of the next previous train shares the responsibility of seeing that the points are again properly reset for reception of the fresh train into the main line. On each of these occasions the points are set at both ends. It is only after the points are properly set that both the home and outer signals on the side from which the train is to be received are lowered for reception. The home signal on each side is about two to three furlongs away from the station as appears from the evidence of P. W. 6. The setting of the lines as well as the lowering of signals, each require manipulation of the respective locks and keys. All the keys of the points and signals are generally in the custody of the Station Master. The keys for setting of the lines are given at the appropriate times to the Mukaddam by the Station Master. Similarly the keys for the signals are given to the signalsman by the Station Master at the appropriate time after the ascertainment from the Mukaddam that the lines have been properly set.