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1971 Supreme(Mad) 679

C.HONNIAH


Advocates:
B.V. Deshpande, for Appellant (Accused 1) in Cr.A. No. 238 of 1970.
M. Santhosh Hegde, for Appellant (Accused 2) in Cr.A. No. 240 of 1970.
A.M. Farooq, for Appellant (Accused 3) in Cr.A. No. 241 of 1970.
G. Dayanande, State Public Prosecutor, on behalf of State.

Judgment.-

Dattatreya Venkatesh Patil (A-1) was working as Assistant Station Master and Siddappa Banamappa Kuriyavar (A-2) and Hanumanthappa Chikkappa (A-3) were working either as pointsman or gatesman at Yelavigi railway station on 19th March, 1968. Yelavigi railway station is between Hubli and Harihar and the immediate stations on either side are Gudgeri towards Hubli and Savanur towards Harihar. On 19th March, 1968, there was an unfortunate disaster at the Yelavigi railway station resulting in the loss of several lives and injuries to number of persons due to a head-on collision between the Deccan Express (No. 208) and Birur-Hubli passenger train (No. 215), which was standing on the main line.

2. These three accused were tried for offences under sections 337, 338 and 304-A. of the Indian Penal Code and under sections 101 and 128 of the Indian Railways Act, hereinafter referred to as ‘the Act’, in the Court of the Additional Sessions Judge, Dharwar, and by his judgment, dated 10th August, 1970, in Sessions Case No. 13 of 1970 he convicted the accused persons under section 304-A, Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for a period of one year;


















































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