STATE DELHI ADMINISTRATION Vs. RANJAN RAJA RAM BAGKAR

JUDGEMENT

(1.) This appeal against, acquittal is directed against the order dated 29th August 198l of the Additional Sessions Judge, Delhi by which she acquitted the respondent Ranjan Raja Ram Bagkar who was charged for having committed the murder of Sidak , Pal Singh Gill on board the ship known as M.V. Doha on the night of 9th June 1978. The deceased was serving as fourth officer on the ship while the respondent was also serving in the same ship as a crew member.

(2.) Stating in detail the facts leading to the prosecution of the respondent are as follows:- The respondent was a cadet on a ship named as M.V. Doha which was sailing from Qatar to Muscat on its way to the port of Freemantle, Australia. On the night intervening 9th and 10th Jane, 1978 between 10.30 P.M. and 11.30 P.M. he is alleged to have committed the murder ot Sidak Pal Singh Gill son of Col. Prithi Pal Singh with an iron bar, on the deck of the ship and thrown him overboard in the sea. The deceased was then serving as fourth officer on the ship. The ship was registered with Univan Shipping Company, Qatar. The deceased on the night of the incident was on duty on the deck between 8 P.M. and 12P.M and he was supposed to call on telephone the next officer who was to take over from him. This he was supposed to do 15 minutes before the expiry of his duty hours, during which period be was also expected to fill in the log book with regard to the duty he performed. The deceased neither filled the log book nor telephoned the next officer, namely Javedkar. Javedkar awoke and finding that he was not called by the deceased, he went to the deck and not finding the deceased he reported the matter to S.S.Grewal, Captain of the ship. The captain came to the deck and found blood all around and some other evidence indicating that the deceased bad been dragged and thrown overboard.

(3.) In order to search and recover the body of the deceased he reversed the ship and asked the crew members to look out for the body in the sea besides sending messages to other ships in this regard. They did sight an object but could not recover it despite best of efforts. All this happened at the High Sea. Thereafter, the captain continued the voyage of the ship towards the port of Freemantle in Australia. In the meantime, he also flashed messages to the company and also to the relations of the deceased about the incident. The relations of the deceased in turn contacted the Indian High Commissioner in Australia. In between he asked all the crew members to line up and examined them for the presence of injury. He found injury on the neck and chest of the respondent suggestive of a struggle. Some other cadets were also found to have similar injuries.