JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE two appeals arise from a common judgment in sessions Case No. 33 of 1987 on the file of the IV Addl. Sessions Judge, ernakulam. The 1st accused who has been convicted under S. 304-A IPC is the appellant in Crl. Appeal No. 326 of 1988 and the 32nd accused who has been convicted for the offence punishable under S. 10 of the Cochin Public Canals and Backwaters Navigation Act (Act 1 of 1092 ME) is the appellant in Crl. Appeal No. 334/88. THESE two appellants were tried along with 6 others who were found not guilty and acquitted.

(2.) ON 19-3-1980 the annual festival was celebrated in Kannamali Church. People from various parts of the State gathered to attend the festival. Kannamali is a place flanked by Arabian Se a and Vembanad lake and in order to reach that place from perumbadappu one has to cross the Vembanad lake. Several boats were used for ferrying passengers from Perambaduppu to Kannamali. The 1st accused was the owner of a boat byname 'st. Xavier'. The 2nd accused is the 'sirang' of the boat. The other accused, who were tried along with these accused are the members of the crew of that boat. This boat had a capacity to carry 80 passengers. According to the prosecution from 13-9-1978 this boat had no valid licence or permit to use it as a navigable vessel. ON the date of the festival in Kannamali church this boat was used for ferrying passengers. The prosecution allegation is that the accused persons, in order to make money at any cost, conducted ferry service between Kannamali and Perumbadappu and carried passengers more than the permitted capacity and thereby endangered lives of many people. The ill fated journey of the boat started at about 2 P. M. ON 19. 3. 80 from Kannamali jetty with packed capacity of 300 passengers and it sailed for about half-an-hour and then water seeped in through the various holes at the bottom and the passengers cried out in panic and some of them jumped into the lake and some others climbed on the top of the boat and at about 2. 45 P. M. the boat capsised. According to the prosecution nearly 30 persons lost their lives and several others sustained injuries.

(3.) THE learned counsel for the 2nd accused contended that the conviction and sentence is not sustainable as the final charge was filed after a period of 6 years and this is clearly against the provision contained in S. 468 (2) (c) of the Cr. P. C.