Union Of India (Uoi) vs Sanjay Sampatrao Gaikwad Etc. on 27 February, 2002
Shri Jha has drawn support from another judgment of Kerala High Court, , Union of India v. Aleykutty Devasia, where one passenger was killed by another while travelling in train by strangulation. The facts in that case were that while inside the train one passenger had committed an violent attack on the other one and such a situation is covered by the definition of untoward incident contemplated in Section 123(c)(ii). Both the passengers were inside the train and the untoward incident is squarely covered by the aforesaid provision.