Misra, J.:- The accused-appellant, A.W. Lazarus, has been convicted by the learned Sessions Judge of Hardoi under S.304A, Penal Code, for rash and negligent driving. He has been sentenced to four months rigorous imprisonment. The incident in connection with which the appellant was tried took place on 15-1-1950, at 8.2 A.M. in the Railway yard of Hardoi station. Lazarus was driver of a fast goods train No.216 down coming from Saharanpur towards Balamau.

2. The facts established by the prosecution, and not disputed on behalf of the accused, are that the aforesaid down goods train was not scheduled to stop at Hardoi station but it was to run through to Balamau, that shortly before its arrival at Hardoi another train running in the same direction had arrived on platform no. 3 at 7.30 A.M., that it was due to leave at 7.51 but due to some trouble in one of the component wagons its departure was delayed till 7.56, and that while the 84 down parcel train was still at Hardoi, the Kaurha Station, which precedes Hardoi on the western side, asked for line clear for 216 down goods express and the control which was contacted authorised the reception of the train and the giving of the