BHOOP RAM Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision is directed against the judgment and other dated 14-6-84 of Sessions Judge, Pilibhit, dismissing the criminal appeal No. 28 of 1984 confirming the conviction and sen tence of the applicant awarded by III Addl. Munsif Magistrate, Pilibhit on 27-2-84 in case No. 792 of 1982.

(2.) THE applicant while driving Tractor No. UPE 5521 on 17-6-82 dashed his tractor with the rear compartment of the passenger train No. 58 in between the railway stations Lalauri Khera and Pilibhit. THE applicant caused damage to the foot-board of the compartment. THE matter was reported to the police. After completion of investiga tion a charge sheet was submitted against the applicant. During the trial Sri Tara Chand (P. W. 1), Sri B. D. Ahuja, Guard of the train and Sri Har Kishan Driver (P. W. 3) and Sri Lalta Prasad S. O. G. R. P. (P. W. 4) besides the other witnesses were examined in order to prove its case. THE Guard and Driver of the train were the witnesses of the factum of incident. THE accused denied the prosecution version and stated in his state ment that he has been falsely implicated in the present case due to enmity. He further stated that the railway employees were taking out coal and on his refusal (sic) to do so, the railway employees falsely implicated in the instant case.

(3.) I am unable to accept that the ap plicant was not driving the tractor rashly and negligently in the facts and circumstan ces of the case, whereby he had broken the foot-board of the compartment. If the ap plicant could not control his tractor and dashed the train, then the rash and negligent driving will be presumed. So far as the iden tity of the tractor is concerned, courts below have considered this aspect and recorded the finding that it was the applicant's tractor which collided with the relevant train. There was no other ambiguity regarding the number of tractor in the statements of the witnesses. It was nothing but a slip of memory. Finding is based on evidence on record that it was the tractor of the ap plicant which dashed with the compartment of the railway train,