ATAR SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two appeals against the same order and judgment dated 27-2-1973 of the II Temporary Civil and Sessions Judge, Etawah and can be conveniently decided by a common order. Atar Singh and Mahesh Singh in Cr. Appeal No. 557 of 1973 have been convicted Under Section 127 of the Railways Act and have been sentenced to three years' R. I. each. Udaibir Singh in Cr. Appeal No. 558 of 1973 has also been convicted Under Section 127 of the Railways Act and sentenced to three years' R. I. All of them were prosecuted Under Section 332, I. P. C. also but were acquitted under that section.

(2.) THE prosecution case, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows. Goods Train driven by engine No. 18009 which was going to Delhi side had to stop at Balrai railway station because there was huge crowd on the railway track on 18-7-1970. The crowd had collected because of the fair of Brahmi Devi. The Station Master then asked the police constables on duty to remove the crowd from the track and allow the goods train to pass. The three constables including Sri Krishna Singh (P. W. 4) did so. The train then started but some persons from the crowd pelted stones in the engine which resulted in the breaking of the glass. The Assistant Driver Som Prakash (P. W. 6) also got injury due to throwing of stones. The train then had to be stopped again. The constables then arrested three persons on the spot who are the appellants. According to the prosecution, these were the persons who were actually thowing stones, Sri Krishna Singh also got injury on his forehead. The occurrence took place at 1 p. m. The first information report was lodged by Sri Krishna Singh at G. R. P. Etawah on the 18th of July, 1970 at 7. 55 p. m. A case Under Section 127 Railways Act was registered against the appellants. S. I. Muktanath Singh (P. W. 7) made investigation of the case and after completing the investigation submitted the charge sheet. The appellants were then duly tried.

(3.) THE appellants denied the prosecution allegations.