K G JAGANNATHAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the conviction of the petitioner for an offence under Section 121 of the Railways Act.

(2.) THE accused is said to have got down from the train at Mambalam and when the ticket was demanded he is said to have got annoyed and refused to show the ticket. He was subsequently handed over to the railway sainik. Two witnesses were examined in support of the prosecution who speak to the above facts. The second witness says that after refusing to show the ticket the accused went into the station master's room and the ticket examiner handed him over to the sainik. Even then he refused to show the ticket. The first witness was cross-examined as to whether he knew that the accused had luggage. Immediately an enquiry was conducted by the special Honorary Presidency Magistrate at the station itself and a judgment was pronounced convicting the petitioner.

(3.) TWO questions arise in this case. One Is whether on the facts disclosed it amounts to an offence under Section 121 of the Railways Act S. 121 of the Railways Act is as follows: If a person wilfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with fine which may extend to one hundred rupees.