Emperor vs Gur Prasad Gir

Chamier, J.—Gur Prasad Gir was convicted u/s 125 of the Railways Act. On the evidence, there seems no doubt, that he had placed his co-accused Musai in charge of his cattle and that it was due to the negligence of Musai that the cattle strayed on the railway. Following the decision of the Madras Court, reported in Queen-Emperor v. Andi ILR (1894) Mad. 228. I hold that Gur Prasad Gir should not have been convicted. I set aside his conviction and direct that the fine, if paid by him, be refunded.