E C D CRUZ Vs. EMPEROR

JUDGEMENT

(1.) At about 11 p.m. on the night of the lunar eclipse on 27 September 1931, a number of persons were walking by the railway line from Sonepore to the Ganges at Paleza, when on a small bridge which crosses the Mahi stream, four or five miles from Sonepore, a train coming from the opposite direction met them, with the result that some of them attempting to avoid the train, fell or knocked into the river and four were killed.

(2.) At the joint enquiry the driver of the train was exonerated from blame, and the same view was taken by the Sub-divisional Magistrate who held an independent inquiry. His view was accepted by the District Magistrate and by the Local Government; but for some reason or other, which has not been made clear the driver was subsequently prosecuted on charges framed under the Railways Act.

(3.) It was alleged that as he approached the bridge, some men who had safely crossed it called out to him to stop, but that he took no notice of their cry; and that later when the guard made signals to him to stop, he ignored the guard's signals. He was placed on trial on charges framed under Sub-Ss. (a) and (c), Section 101, Railways Act. The charge under Section 101(c) was to the effect that the driver endangered the safety of persons travelling on foot by not stopping the train, when certain people shouted to him to stop. Under Section 101(a) he was charged with disobeying Rules 101, 102, 123 and 131 of the rules framed under the Act. Rule 101 requires the driver to obey the order of the guard in the matter of starting and stopping the train; Rule 122 requires him to keep a good look out; Rule 123 requires him to look back frequently; and by Rule 131 he is to require to whistle on approaching a major bridge.