NAGARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the concurrent findings recorded by the Courts below holding the petitioner guilty of the offence under Section 160(2) of Railways Act, 1989. He is sentenced to simple imprisonment for a period of six months.

(2.) The petitioner was the driver of the KSRTC bus bearing Reg.No.KA-25/F-1473. The case of the prosecution is that on 03.08.2006 at about 11.15 p.m., the petitioner was driving the said bus in a rash and negligent manner and hit at the railway crossing gate at KM.No.350- 5-6 in between Chalageri and Ranebennur Railway Station and damaged the gate. The petitioner was tried on the said accusation before the Prl. Civil Judge and I Additional JMFC, Ranebennur.

(3.) In order to prove the case, the prosecution examined seven witnesses. PW.1 was the gateman at the relevant point of time; PW.2 was the Section Engineer, who drew up the spot panchanama and seized the bus; PW.3 was the Railway Station Master. He has corroborated the statement of PW.1 that on 008.2006 he received the information from PW.1 that gate No.217 was closed for public vehicles and the KSRTC bus bearing Reg.No.KA- 25/F-1473 dashed to the said gate; PW.4 was the pancha witness to the spot mahazar, who has deposed about the drawing of the panchanama and seizure of the bus; PW.5 is the RPF Inspector; PW.6 is the Motor Vehicle Inspector, who has deposed that in the incident even the KSRTC bus was damaged, its head light was broken and in this regard he issued the M.V. report at Ex.P.11; PW.7 is the Sub-Inspector of RPF, who deposed about the information received by him regarding the incident and he visited the spot at 6.00 a.m. and found that the gate was damaged and it was not possible to close the gate.