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In a Railway station a passenger shouts that his bag has been stolen. At the same time a Railway Police constable who is working under the state government in the railway station sees a person running with a bag. He shouts at him to stop. But he does not stop and hurries along. To stop him the police constable throws his stick at his legs which causes him to fall and a motor car speeding along runs over him and kills him.
My question. The unintentional killing of the person has happened due to the action of the police constable. He is employed for maintaining law and order and prevent crime in the railway premises. He has thrown the implement from railway premises which has caused the subsequent accident and death . But the actual accident has happened outside the railway area. The constable is a staff of the state government law enforcing department. Now the question. Is the Railway responsible for the death? Is the Railway bound to give compensation to the families of the deceased p
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Mr. Guptan,
This doesn't amount to murder, but culpable homicide.....
And it may be treated as an accident also, it all depends upon the interpretation of facts and circumstances of the case. The facts being very vague and it just provide a story line of the case but not the material data.
But, pointing your query, whether, it is considered under the limits of railway or not. Yes. though the person is outside the railway station ( after all you can not expect the thief to keep running on railway tracks), the act has taken place within the limits of railway and the person on duty also belong to the railway.
And regarding your, second question whether railway is responsible for any kind of compensation. This can not be answered. It all depends upon how the case takes turns in the courts of law and where it ends as what.
“Yath bhavathi tath nashyathi - whatever is created will be destroyed!! Creation is inevitably followed by destruction"
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