( 1 ) THESE are two appeals against the same order and judgment dated 27-2-1973 of the II Temporary Civil and Sessions Judge, Etawah and can be conveniently decided by a common order. Atar Singh and Mahesh Singh in Cr. Appeal No. 557 of 1973 have been convicted Under Section 127 of the Railways Act and have been sentenced to three years R. I. each. Udaibir Singh in Cr. Appeal No. 558 of 1973 has also been convicted Under Section 127 of the Railways Act and sentenced to three years R. I. All of them were prosecuted Under Section 332, I. P. C. also but were acquitted under that section.

( 2 ) THE prosecution case, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows. Goods Train driven by engine No. 18009 which was going to Delhi side had to stop at Balrai railway station because there was huge crowd on the railway track on 18-7-1970. The crowd had collected because of the fair of Brahmi Devi. The Station Master then asked the police constables on duty to remove the crowd from the track and allow the goods train to pass. The three constables including Sri Krishna Singh (P. W. 4) did so. The train then started but s