M VENKATASWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) I see no reason to interfere in revision in this case. Hurling down a bundle of bangles of a fellow passenger and breaking them will not allow a passenger, even though he is a railway official travelling in the train, not liable under Section 120, Railways Act, as such an act is not an act done or doable by a railway servant as such and the ruling in Gurunath Shankar v. Emperor, A. I. R. (24) 1937 Bom. 357 : (38 Cr. L. J. 962) will not apply. There is no illegality or failure of justice in this case.

(2.) THE petition is dismissed.