EMPEROR Vs. NARAYAN KRISHNA GOGTE

JUDGEMENT

(1.) This is a reference by the District Magistrate of East Khandesh recommending that the conviction and sentence should be set aside. The accused was convicted by the First Class Magistrate of Jalgaon City, under Section 109 of the Indian Railways Act for having entered a compartment which was reserved for Europeans and Anglo-Indians in a passenger train. The accused had a third class ticket to travel from Pachora to Bhusaval by the down passenger train on February 17, 1922; and he entered the compartment in Question which was in fact vacant. The learned Magistrate was inclined to hold that the railway company had no power to reserve the compartment in that manner; but following the ruling in Emperor v. Brijbasi Lal (1920) I.L.R. 42 All. 327 he held that the railway company had the inherent right to reserve compartments in that manner and convicted the accused and sentenced him to pay a fine of Rs. 5.

(2.) The accused applied to the District Magistrate who has made a reference to this Court.

(3.) The point that we have to consider is whether the compartment such as wag reserved in this case could be legally reserved for a class of passengers without reference to the question whether there were any actual passengers of that class travelling or known to be intending to travel by that train, I have stated the question in this form, though in this particular case we are concerned with the reserved accommodation provided in a third class compartment in a passenger train for Europeans and Anglo-Indians, as in my opinion that is the question underlying the reference.