S. KALIDAS Vs. THE STATE

JUDGEMENT

(1.) ON the 23rd January 1958 at about 9 -40 P.M. there was a head on collision between 10 Down Janata Express (Hereinafter referred to as the Janata) and 48 Up Passenger (Hereinafter referred to as the Passenger) at Narasimhapura Railway Station in consequence of which three passengers were killed and several others we injured -some seriously. In connection with this accident the Assistant Station Master on duty at that time namely, Petitioner Kalidas and the Pointsman in -charge of Down Points, namely, Petitioner Satyanarayana were placed on trial for offences under Section 101, Indian Railways Act and 304 -A, Indian Penal Code in the Court of the Sub -divisional Magistrate, Berhampur. The learned Magistrate held the two Petitioners guilty of both the Aforesaid offences and sentenced Kalidas to six months rigorous imprisonment anti a fine of Rs. 200/ - Satyarayana to three months rigorous imprisonment and a fine of Rs. 100/ -. On appeal the learned Additional sessions Judge of Berhampur, while maintaining the conviction of both the Petitioners reduced the sentence passed on Kalidas to three months illusionment and a fine of Rs. 100/ -.

(2.) NARASIMHAPURA is a newly opened non -interlocked railway station between Chatterer and Jaganuathapuram railway stations on the South Eastern Railway. Route -locking is not provided at the station, but only padlocks are supplied to the station staff. The station was not then meant for the regular halt of passenger trains. There are only two railway lines at the station, namely the main line and the loop line. The following sketch map will give an idea of the platform, the station house, the signal cabin and the distances of the various relevant places which have a direct bearing on this case.

(3.) IT will be useful at this stage to explain the distinction between 'facing points ' and 'trailing points '. The points are primarily intended to enable a train to be transferred from one line to another. The points are termed facing points when they are approached in the direction in which the movement of the points will turn the train from one track to another. When approached in the opposite direction, the points are termed trailing points -see Subsidiary Rule 37B and the diagram bellow: