1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.685 OF 2011 The State of Maharashtra .Applicant V/s. Chhotelal Benimadhav Pal .Respondent Mrs.P.P.Bhosale, APP, for the Applicant - State Ms Chitra Pawar, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 15TH NOVEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of the respondent, a driver of goods train for the offences punishable under Sections 304-A, 427 of the Indian Penal Code and Section 175 of the Railways Act, 1989. The respondent was driving a goods train from Kalyan towards Igatpuri. When the train came near Aasangaon, coupling 2 between 3rd & 4th wagons was broken and therefore, the guard and points man were checking the coupling. There was some pressure to move the train on a loop line because another train was on the main line. The respondent started the train. By that time couplings of wagon of about 1/2 of train were checked. As the respondent started the train, other coupling connecting the remaining wagons broke and other wagons started rolling backward towards Kalyan and at Washind seven persons were crushed under those wagons. The respondent was charge sheeted for the offences punishable under Sections 304- A, 427 of the Indian Penal Code and Section 175 of the Railways Act, 1989. The learned magistrate accepted the defence of the respondent that his starting the train without giving whistle or without receiving any signal from the authorities could not be the cause of the mishap that was caused. He submitted that mishap was caused because guard had failed to 3 put some wooden blocks between the wheels and the track which would have prevented the train from rolling backward. The learned magistrate also found that it was the guard of the train, who had been punished at the departmental enquiry. It cannot be said that view taken by the learned magistrate is perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)