MANIKIAL ACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision arises from a judgment of the Sessions Judge, Jorhat given on 9 April 1986 in Criminal Appeal No. 1 of 1986 dismissing the appeal against the order of the Judicial Magistrate of the 1st Class, Jorhat passed in G.R. Case No,. 2014 of 1979 convicting the petitioner under section 101 of the Indian Railways Act and sentencing him to RI. for 3 months and fine of Rs, 500/.

(2.) The story of the prosecution may briefly be stated. At the relevant time the petitioner was a railway servant being an Engine Driver. On 28 October 1978 at about 8 p.m. the petitioner was driving the 55 Up Passenger Train negligently and rashly by, putting the engine into reverse and without proper light and, also without sounding the engine whistle while approaching an unmanned level crossing at Pukhuria. The rash and negligent act of the Driver resulted in collision between the Train and a police patrol jeep which was crossing the railroad at the level crossing. In that collision, from amongst the passengers of the jeep one died and 5 received injuries.

(3.) The trial Court held that the engine was put into reverse and headlight would be towards backside and not towards the railroad; and that the Driver did not sound the engine whistle. The trial Court disbelieved the plea of accused petitioner that there was light and he sounded the engine whistle. The trial Court also gave a finding that the petitioner was driving the engine at a high speed. On appeal, the learned Sessions Judge held that the driver could put the engine into reverse at the relevant time and place. But he had not discussed about the speed. However, he affirmed the other findings of the trial Court.