Barin Ghosh and J.N.Singh JJ.

1. In the present appeal, two facts are undisputed. Firstly, Ram Singar Singh fell from train No. 5203 UP at the Hajipur Railway Station and died. Secondly, immediately before and after his death Ram Singar Singh was alone.

2. The death resulted in an Inquest Report, which suggested that the dead person was wearing a shirt and a pair of trousers. The Inquest Report does not say that the Shirt and a pair of trousers of the deceased did not have pockets. The Inquest Report further does not say the pockets of the shirt and the trousers, which are usual, did not contain anything.

3. This death led to filing of a claim case before the Railway Claims Tribunal. While on behalf of the claimants one, Lakshman Paswan, had deposed and boldly stated that he saw the deceased purchasing ticket, his evidence could not be shaken in cross-examination. Though a plea was taken that the deceased was an unauthorized passenger, no evidence to prove the same was tendered before the Tribunal by the Railway Administration. It is unfortunate that the people, who conducted the Inquest Report and who were members of G.R.P., were not called to give evidence. In the circums