The appellants, eleven in number, have been convicted under Section 126 B of the Indian Railways Act and each has been sentenced to suffer rigorous imprisonment for seven years thereunder by the Assistant Sessions Judge of Ranchi.

2. A written report (Ext. 10) dated the 4th September, 1964, was sent by Adi Nath Sen (P.W. 7) an Assistant Engineer of the Eastern Railway at Bano, to the officer-in-charge of Bano police station which was to the following effect : –

“Sri Laluah, P. Way Mistry at Kurkura, informs that on the night of 2.9.64 at about 23.30 hrs Patrolmen on duty noticed that one rail was lying at right angles over the track at K.M. 516/7 near Rabai. The patrolmen on duty informed the sectional mate about this who with his gangmen cleared off the rail from the track.

If this would have remained unnoticed or could not be noticed before any passage of train, serious consequences of derailment of train was inevitable. You are requested to look into the matter and take necessary action to prevent occurrence of similar mischievous activities by miscreants.”

On the basis of this written report., P.W. 6, Nand Kishore Singh, who happened to be the officer-in-charge of Bano p