P.M.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 26th day of February, 2021 Five score and more young children, along with a dozen teachers went on a fun and frolic for an entire day through the picturesque places around Kothamangalam town. As dusk was setting in, the group decided to wind up their picnic with a short boat ride through the bewitching Periyar river near Thattekkadu.

(2.) The much awaited picnic which ought to have ended with the boat ride, unfortunately ended in snuffing out the lives of 15 of those young children and three teachers. Water is alleged to have seeped into the boat resulting in its capsize and causing death by drowning of the passengers. What started as great fun for all, ended in a watery grave, at least for a dozen and a half. The news of the tragedy sent waves of sorrow sweeping across the State and tears trickling down those who heard it.

(3.) The boat driver was blamed by the police and was charged with culpable homicide not amounting to murder. The court which tried the offense, though had modified the charge to include rash and negligent act causing death also, as an additional charge, found the offender guilty for culpable homicide not amounting to murder. He challenges his conviction and sentence in this appeal.