EMPEROR Vs. RAMCHANDRA HARI

JUDGEMENT

(1.) The accused was charged in the Court of the First Class Magistrate Sholapur as follows:- That he on or about the 9th day of August 1912 being on duty at Kadabgaon station between 19 o clock and 22 o clock endangered the safety of passengers travelling in 16 up from Borati by disobeying General Rule No. 99(c) and No. 100 of the General Rules for all open lines of Railways sanctioned under Section 47 of the Indian Railways Act of 1890 and published under Notification No. 183, dated the 8th September 1906, by the Governor General in Council by giving permission to approach to 16 up at J Jorati and subsequently fouling the main line by carrying on shunting on the main line and on to the siding ; and thereby committed an offence punishable under Section 101 of the Indian Railways Act, 1890.

(2.) The facts briefly are that the accused who was Station Master at Kadabgaon at about 7-45 on the night of the 9th of August 1912 gave orders to the driver of goods train No. 174 which was drawn up on the third line in the Station Yard to detach his engine and shunt nine waggons which were standing on the loop line to a dead end siding in order to make room for No. 43 down mail. This shunting operation involved taking the trucks on to the main line from the loop line and then passing them some little distance along the main line to the dead end siding. In the course of the shunting one of the waggons got derailed at the points where the siding joins the main line The derailment was caused by one Tatya Paddoo working the point badly. The Station Master of Borati, the next station to Kadabgaon on the east, after the orders for the shunting has been given by the accused asked Kadabgaon for line clear in order to pass on the 16 up passenger train and Kadabgaon gaon line clear at once. The accused says line clear to the 16 up passenger and No. 43 down mail were to be given when he had two lines clear on which to receive them, because the loop line was clear and the main line would have been cleared within two minutes if there had been no derailment ; line clear was given in anticipation of the line being cleared. He thought there was ample time to do the shunting and if he had not done the shunting No. 43 down mail would have been seriously detained.

(3.) At this time the distant and home danger signals were up against the advancing 16 up from Borati and while the siding key was in the points it was impossible to take out from the key-box the key of the levers working the signals against the 16 up. The stations are protected by home and outer signals against advancing trains. Under these conditions the 16 up passenger left Borati and though running to Kadabgaon on a marked incline where steam has to be shut off for the last three miles and the train would be under such control that it could be pulled up at the first danger signal the driver disregarded both danger signals and dashed into the derailed waggon causing some injury to two of the passengers and the guard. Upon these facts the Magistrate held that the accused had broken Rule 100 which is as follows :-" When permission to approach has been given, no obstruction shall be permitted outside the Home signals, or, on the line on which it is intended to admit the train, up to the Starting signal which controls the train; " but had not by so doing endangered the safety of any person within the meaning of Section 101 of the Indian Railways Act (IX of 1890).