TAHAZHATHE PURAYIL SARABI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) On 13th November, 1998, one Kunhi Moosa, the husband of the Appellant No. 1, Thazhathe Purayil Sarabi, boarded the Madras Mail from Payyannur Railway Station to go to Madras. He had occupied berth No. 67 in Coach No. S-5, while his brother-in-law and two others who were travelling with him occupied berth Nos. 66 and 26 in the same coach. When the train was about to move from Parappanangadi Railway Station, the said Kunhi Moosa was robbed of the money that he was carrying with him and during the scuffle he was thrown out of the train by his assailants as a result of which he expired. The police registered Crime No. 46/98 in respect of the said incident and the case was taken to the to the Court of Sessions, Kozhikode.

(3.) In 1999, the appellants filed O.A. No. 68 of 1999 before the Railway Claims Tribunal, Ernakulam, for compensation amounting to Rs. 4 lakhs. On 18th August, 2006, the accused persons were convicted under Section 392 of the Indian Penal Code ( IPC , for short) and sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 15,000/- each, in default to undergo rigorous imprisonment for a further period of one year.