GAURI DAYAL Vs. EMPEROR

JUDGEMENT

(1.) This is a revision application by one Pandit Gauri Dayal against the order passed by the learned Sessions Judge of Pilibhit, dismissing his appeal against his conviction under Section 101, Railways Act. The facts of the case are these : There is a railway station called Mala on the R. & K. Railway. B. Gaya Prasad was the Station Master of that station, and Babu Gauri Dayal was the Assistant Station Master at the same place. On 6th July 1933, Babu Gaya Prasad, Station Master was on duty from 6 a.m. to 6 p.m. He was relieved by Babu Gauri Dayal.

(2.) There are three railway lines at Mala railway station. One is towards the railway station. The second is in the middle and is meant for run through trains. The third is towards the goods shed. The points Nos. 1 and 4 are on junctions of the station line and the middle line and the points Nos. 2 and 3 are on the junctions of the second and the third lines. The third line is meant for goods wagons, and the first line is meant for those trains which are not run-through trains. On 6th July 1934, a goods wagon was loaded at the third line. According to the facts found by the learned Sessions Judge this loading work finished at 5 p.m., when Babu Gaya Prasad was still on duty. According to the railway rules, the loading should have been finished by that time. The points Nos. 2 and 3 are permanent locked points.

(3.) It has been found that Babu Gaya Prasad, Station Master opened the lock at point No. 3 in order to admit the goods wagon on line No. 3. Babu Gaya Prasad should have locked the point No. 3 before he was relieved, but it has been found that when he was relieved he left this point No. 3 unlocked. The diary showing the change of duties was not filled in by Babu Gaya Prasad. The result was that Babu Gauri Dayal, when he relieved Babu Gaya Prasad at 6 p.m., did not know that the point No. 3 had been left unlocked by Babu Gaya Prasad. One train 7 up came after Babu Gauri Dayal had relieved Babu Gaya Prasad. This train should have gone straight on line No. 2, but went on line No. 3 because permanent point No. 3 had been left unlocked by Babu Gaya Prasad with the result that there was a collision between this train and the aforesaid goods wagon, which was standing on line No. 3 as already mentioned. It has been found that seven persons were injured. Babu Gaya Prasad and some other servants of the railway including Babu Gauri Dayal were departmentally dealt with. Babu Gauri Dayal was further prosecuted under Section 101, Railways Act (9 of 1890).