
The Railways Act
Section 101
Goods train was shunting at the Singia
railway Station, resulting in casualties of death and causing injuries to a
number of persons and the matter being thus informed a First
Information Report was registered on the basis of which Khulna GRPS Case No. 2
of 1997 was started under Section 304A of the Penal Code read with section 101
of the Railways Act.
Railway line from the outer signal towards
the home signal was curve like half moon and by the side of the rail line there
were many tress and unauthorised house and because of this condition one cannot
see the home signal and the adja cent area from the outer signal. So it appears
that at the place of occurrence at the relevant time there was line clear- ance
signal for entering into through the railway line and the accused appellants
Ali Ahmed, train driver and Shahaidul Islam assistant driver cum fireman could
not see the derailed position of the engine of the goods train while the
aforesaid 23 UP rocket mail train was passing through passing the outer signal
and approaching towards the home signal." The State vs. Ali Ahmed and
another (Amirul Kabir Chowdhury J) (Criminal) 4ADC 77