RAMANAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was convicted by the trial court for offences under Section 101 of the Indian Railways Act and under Section 337 of the Indian penal Code. For the offence under Section 101 of the Indian Railways Act, he was sentenced to undergo simple imprisonment for four months and for the other offence, i.e., under Section 337 of the Indian Penal Code, he was sentenced to undergo simple imprisonment for one month. The sentences were directed to run concurrently. On appeal, the convictions have been maintained but the sentence for the offence under Section 337 of the Indian Penal Code has been set aside.

(2.) The prosecution case against the petitioner is that on 16th of March, 1967, he was driving D.R.W. Down Goods train rashly and negligently between Bano and Mahabuang railway stations. Though the train was to stop at Mahabuang station, it did not stop and proceeded towards the sand-hump in the loop line at a very high speed and dashed against it as a result of which the two engines of the train and eight empty box wagons capsized and the petitioner, who was the driver of the train, the Assistant driver and the guard were injured.

(3.) The petitioner pleaded not guilty to the charges. He also examined two defence witnesses. His case was that he was not driving the train rashly and negligently and the accident took place for reasons beyond his control.