RAJKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the Accused, challenging the Conviction and Sentence imposed upon him vide Judgment, dtd. 21/8/2017 in S.C. No.66 of 2012, on the file of the learned Principal Sessions Judge, Vellore, Vellore District.

(2.) (i) It is the case of the Prosecution that the Appellant/Accused was employed as a Train Driver of Indian Railways; that on 13/9/2011, while he was employed as a Loco-Pilot/Motor Man of the Train No.66017 plying between Chennai Beach Railway Station to Vellore Cantonment, at about 9.21pm, while he was driving the said Train, between KM 74/12 and 74/14, he contacted a Motor Man viz., Ravi/his friend (PW45), over Mobile Phone and had driven the Train in an excessive speed of 97 kmph in utter and gross violation of the Speed limit of 75 kmph, although, there were Yellow Signal at Melpakkam Railway Station and Red Signal at Signal No.734, and caused the collision with Train No.56007 from behind, which was going from Arakkonam to Katpadi and was moving at a speed of 20 kmph; that as a result of that collision,12 persons died on the spot, 71 Passengers sustained severe injuries i.e. 18 persons sustained grievous injuries and 53 persons sustained simple injuries; and that the total loss caused to the Railways Department was to the tune of Rs.2,20,00,000..00

(3.) (i) Mr. Nagarajan, learned Counsel appearing for the Appellant/ Accused, submitted that the prosecution has not established the offence under Sec. 304(II), IPC and other Charges against the Appellant. The Complaint initially filed by PW1 only states that the accident took place. However, in the FIR [Ex.P78], against the column 'the name of the Accused', it is shown as 'EMU Train Driver', and the said FIR was sent to the Court five days after the occurrence. The learned Counsel therefore submitted that the Investigation Officer had made up his mind even at this stage to fix the responsibility on the Appellant, and the Investigation proceeded on those lines and not in a fair and unbiased manner.