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