DULARI DEVI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) CRM-22630-CII-2014 in FAO-8327-2014

(2.) The common facts of the case are that Shiyacharan Manjhi accompanied by his son Daleep Manjhi, who were labourers by profession, had come from Sitamarhi (Bihar) to Punjab to earn livelihood. Both used to work in Paddy season in Zira, Ferozepur, with the farmers in Punjab. After completing their paddy work, they went to Panipat in search of work. On 07.08.2011, Daleep Manjhi informed his mother on telephone that they will come back to Sitamarhi (Bihar) by Jan Nayak Express. They went from Ambala Cantt. to Panipat in the morning hours. They were to come back to Ambala in the evening. In order to avoid the late hours rush, they purchased the tickets at 09:02 hours in the morning for the return journey from Panipat to Ambala Cantt. At night, they boarded the train at Panipat railway station for Ambala Cantt. station. As both of them slept in the train. They could not de-board at the destination i.e. Ambala Cantt. and over travelled. When the train reached kilometer 224/18-19 ahead, between Dappar and Gaggar railway station, which falls between Ambala and Chandigarh, they woke up and immediately came near the gate to know about the next station. Due to sudden jerk, Daleep Manjhi fell down from the running train. His father Shiyacharan Manjhi tried to save him but he could not do so and he also fell down from the train. Both of them died on the spot. Ramapatti, Gangman saw the dead bodies in the next morning and informed the Station Master, Lalru, who issued the memo to GRP, which conducted the inquest proceedings. Separate railway tickets were recovered from both of them in addition to some other articles.

(3.) In reply, Railway has taken the stand that the deceased were not bona fide passengers. It was also denied that the deceased were travelling in the train and the fact that they fell from the train were also denied. It was stated that the false story has been put forward. The time of the commencement of journey and the train number had not been given. The alleged tickets were of 07.09.2011, whereas, dead bodies were noticed on 08.09.2011. According to the Railway, both the deceased appears to have entangled with some moving train.