Judgement

JAGANNADHADAS J. - The appellant was the acting Station Master of Ghatera railways station on the Bina-Katni section of the G.I.P. Railway. He has been convicted under S. 101. Indian Railways Act, in connection with a head-on collision at his station, of two goods trains on 31-5-1950. He has been sentenced to rigorous imprisonment for six months. Along with him an Assistant Station Master, M. S. Sharma, a pointsman, Budhu Singh, of the station, as well as a Guard, Badriprasad, were also prosecuted. They were acquitted by the trial Court. The conviction of the appellant was confirmed on appeal to the Sessions Judge and on revision to the High Court. This is an appeal therefrom by special leave.

2. The facts which lead to the prosecution were as follows. Ghatera is a non-interlocked station in the Bina-Kanti section. the outlying stations on each side are Sagoni and Bandakpur. Up trains are being received from Sagoni and down trains from Bandakpur. The station has one main line and two loop lines.

On 31-5-1950, the appellant was the Acting Station Master on duty at the relevant time. A ballast train had first arrived and was standing on the outer loop line. A double-headed goo