RAVI AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS First Appeal From Order under section 23 of Railway Claims Tribunal Act, 1987 (hereinafter referred to as "Tribunal") has been filed by the appellant -Ravi Ahmad against the judgment and award dated 25.9.2008 passed in O.A. No. 0500354 by the Railway Claims Tribunal, Lucknow , whereby the claim of the appellant has been rejected.

(2.) BRIEF facts for deciding this appeal are that one Arif Khan Token Porter, Northern Railway, Moradabad informed the police station of GRP, Moradabad on 31.8.2004 at 5.35 p.m. that a person was found in unconscious state of mind near Railway track within the police station GRP, Moradabad. This fact was mentioned in the general diary of police Station GRP, Moradabad. The injured was admitted with the help of railway employees in the District Hospital, Moradabad on 31.08.2004 as unknown person. He was discharged from the District Hospital, Moradabad on 7.9.2004.

(3.) AN application was given by the appellant to the Police Station GRP, Moradabad mentioning therein that when he was travelling from Delhi to Hardoi in Train No. 4230 down (Lucknow Mail) on 30/31.8.2004 and was sitting in general bogi, some unknown persons entered into his bogi and snatched his bag, railway ticket, Rs. 3,000/ - cash and a golden ring. He was also beaten by them. On making protest, he was thrown out from the train. Consequently, he fell down and his both legs were amputed. On the basis of this report, an FIR was lodged against unknown person under sections 326 and 392 IPC, at police station GRP, Moradabad on 23.5.2005 at 12.30 p.m. i.e. after 9 month from the alleged incident.