LODAI OR LODI Vs. EMPEROR

JUDGEMENT

(1.) The applicant was tried Summarily by the Magistrate and was fined Rs. 10 under Section 122, Indian Railways Act 9, of 1890.

(2.) Two things are necessary to bring a man under that section: (1) that the place of entry must be "railway" as defined in Section 3(4) of the Act; and (2) the entry should have been unlawful in the inception. If the entry was not unlawful in the beginning neither part of Section 122 of the Act would apply.

(3.) From the judgment of the learned Magistrate it is clear that the place where the accused was found is occupied as quarters by the railway employees. In Margam Aiyar V/s. Mercer [1914] M.W.N. 124 it was found by a Division Bench of the Madras High Court that Staff quarters or any building of a residential character cannot be deemed to be part of a Railway. within the meaning of Section 3(4) of the Act, and so a conviction under Section 122 of the Act was set aside against the accused in that case. The fact that the place happens to be between two lines makes no difference in this case as the lines, by themselves, are quite apart and there can be even private land between the lines.