PRABHA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant. No one appears on behalf of the Railways.

(2.) This appeal has been preferred for setting aside the order dtd. 10/3/2016 passed in Claim Application No. M.A. (OA) 0089 of 2010 by the Learned Member (Judicial), Railway Claims Tribunal, Patna Bench (hereinafter referred to as the 'Tribunal') whereby and whereunder the claim application of the appellant has been dismissed by the Tribunal on erroneous grounds.

(3.) Learned counsel for the appellant submits that on 25/12/2008 her husband namely, Ganesh Prasad Singh who was posted as constable at rail Thana Jamalpur had boarded the Up Bhagalpur-Muzaffarpur Express Train at Jamalpur together with Sunil Kumar Singh, Dharmendra Kumar and Jainendra Kumar constables. Ganesh Prasad Singh and other three constables were having one rifle each. When the train reached and halted at Agampur, all the four Constables boarded in second bogie of the back side of S.L.R. bogie. After some time fifty to sixty miscreants aged about 15 to 25 and 20 to 25 ladies boarded in the same bogie. As soon as the train crossed Ghoghi Bariyarpur halt, the train was suddenly stopped. At this stage some people amongst the 60 people who boardeed at Agampur came near the escort party and threw Mirchi Gundi on the faces of all the four Constables and looted away their rifles and cartridges. In the said contest the criminals fired some shots aiming at Ganesh Prasad Singh as a result whereof he died on the spot. Another Police personnel Ramakant Choudhary and some other passengers also got injuries. After looting away all the rifles and cartridges those persons got down from the train and raised slogans in support of maoists. They also made firings while fleeing away. In this connection, Jamalpur Rail P.S. Case No. 37/2008 under Sec. 396/397 of the Indian Penal Code and Sec. 17 of the C.L.A. Act dtd. 25/12/2008 was registered. The inquest report was prepared on 25/12/2008 and thereafter post-mortem of the dead body of the deceased was conducted on 26/12/2008 at Sadar Hospital Munger. After investigation, the I.O. submitted a final report on 27/6/2009 in favour of this untoward incident.