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10. The investigation was conducted. The Statutory report of the investigation is part of the record. The report is silent about drawing of spot panchanama. Similarly, it is silent about the date of drawing of spot panchanama. The statutory report is also silent about the inspection of the spot after the accident. The spot of the incident is not in dispute. The clothes of the injured, after admission in the hospital, were not seized. According to the appellant, two tickets were kept by him in his trouser pocket and those tickets were lost in the incident. The injured and his friend, as can be seen from the 7 FA 447.22 record, were travelling from Gondia to Raipur. Dongargarh Railway Station is at about 78 kilometers from Gondia. It needs to be stated that ticket checking is one of the priorities of the Railway to curb the journey by unscrupulous passengers without ticket. If the injured and his friend had travelled without ticket for 78 kilometers , then certainly they would have been caught by the Ticket Checker. It is not the case that ticket checking activity was not undertaken on this train on the given date. The distance of 78 kilometers is not a small distance. If the appellant and his friend had travelled without ticket, then with certainty they would have been caught by the Ticket Checker. In my view, on this count, an inference needs to be drawn in favour of the appellant that he and his friend were travelling with valid journey ticket, otherwise they would have been caught by the Ticket Checker and prosecuted.