PT BHAGWAN DAS Vs. EMPEROR

JUDGEMENT

(1.) Bhagwan Das, station master of a way side station of the E.I. Ry. Co., has been convicted under Section 101(a) and (b) Railways Act of 1890 and sentenced to six months simple imprisonment and a fine of Rs. 50. In default of payment of the fine a further period of one month's simple imprisonment is added. The charge against him is that on 16 June 1935 he endangered the safety of certain persons by allowing a goods train to run on the loop line at a wayside station and by failing to satisfy himself that point 2 on the loop line was not properly set and by failing to have the keys of the point and the scotch block in his possession.

(2.) There is no doubt that Bhagwan Das committed a breach of the rules in allowing the goods train to run over the loop-line. The main line was clear, and in these circumstances according to the rules, the goods train ought to have run through the station on the main line. On the day in question before the goods train was allowed to run on to the loop line point 2 on this line was not properly adjusted, with the result that the train ran into a blind siding and collided with two trucks there. As a result of the collision considerable damage was done and the driver and certain persons on the goods train sustained simple injuries. It cannot be held, however, that in allowing the goods train on to the loop line the station master did anything to endanger the safety of any person. The loop line was clear, and although it was his duty to run the train on the main line through the station, the mere act of switching the train on to the loop line did not of itself endanger the life of any person either on the train or at the station. The switching of the train on to the loop line was not in short the proximate cause of the accident. The accident resulted from point No. 2 not being properly set. This point it appears was set towards the blind siding and not towards the main line. The only question therefore is was the applicant guilty of any act or omission in relation to the setting of point No. 2.

(3.) According to the rules the station master must be satisfied that the points are correctly set before he allows a train on to the loop line. This of course does not mean that it is the duty of the station master himself to go and examine the points and see for himself that they are correctly set before allowing a train to proceed on to the loop line. He has to trust to pointsman, and the practice is to receive a signal from the pointsman that the points are all correctly set before allowing the train on to the loop line.