EMPEROR Vs. DONALD BRUCE WEIR

JUDGEMENT

(1.) About 18-20 on Friday the 4 March last the Special Weekly Postal Express from Bombay to Madras left the main line which is a single line at the points on the Bombay side of the Bhalvani Station, ran on to a loop line and collided with a goods train on that loop line. Had the main line points been properly set and locked this could not have happened; but they were not properly set and locked; they were set so as to take any train coming from the Bombay direction on to the loop line though they ought to have been set so as to keep it on the main line. All this is admitted. The mistake happened in this way. The goods train came into Bhalvani about 17-50, proceeding towards Bombay and took up a position on the loop line. Shortly after it arrived a down mixed train, that is a train coming from the direction of Bombay came in. For this train the points were correctly set; so it kept on the main line and passed into the station. At this time a muccadum was in charge of the points. After the mixed train had passed, the muccadum. being under the impression that the goods train would then pass out going towards Bombay, set the points accordingly. The result was that the goods train could have passed out on to the main line and proceeded towards Bombay; but also that any train coming from Bombay must necessarily leave the main line at the points and run on to the loop line where the goods train was, The goods train did not leave, as it was known that the Postal Express would presently arrive; but the points were not altered, the Postal Express arrived and the collision happened.

(2.) Primarily, the Station Master was responsible; but it is said ,and it seems to me rightly so, that the guard of the goods train was responsible for the safety of his own train; it is also alleged that had he, as it is said he was bound by the rules to do, seen that the main line points were properly set the collision could not have happened. In respect of his neglect of duty the guard of the goods train was charged by the First Class Magistrate at Sholapur as follows:- That you on or about the fourth day of March 1910 at Bhalvani, being a Railway servant, endangered the safety of persons travelling in the down Postal Express by disobeying the Order No. VII Rules i and iii set out in the Working Time-Table, Part ii, by not going to the facing points to see that they were so set as to insure the safety of the up goods train in your charge then standing in the siding at Bhalvani Station waiting for the down Postal Express to pass and waiting at the points till the said Express had passed with the result that the points being incorrectly set the Express collided with the said goods train in your charge, and several persons in the Express were injured thereby and further that the said facts disclose a negligent omission on your part: the above mentioned rule not being inconsistent with the General Rules published under the Railways Act and which you were bound by-the terms of your employment to obey and of which you had notice; and thereby committed an offence punishable under section 101 (b) and (c) of the Railways Act and within my cognizance.

(3.) The Magistrate has written a very clear and careful judgment; has found the guard guilty and has imposed a nominal punishment. Against the conviction the guard has appealed to this Court, as, being a European British Subject, he has a right to do. The District Magistrate has also referred the case to us for the purpose of enhancing the sentence.