LALJI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order dated 8 -4 -81 by Sri B. I. Sodhi, learned II Addl. Sessions Judge, Jaunpur in Criminal Appeal No. 184/79 by which conviction of revisionists under Sections 280 and 304A of Indian Penal Code as recorded by Sri F. A. Khan, Judicial Magistrate, I, Jaunpur, in Criminal Case No. 993 of 1978, was affirmed. Sentence of revisionists viz. 6 months RI under Section 304A and a fine of Rs. 150/ - under Section 280 of Indian Penal Code and in default of payment of fine, RI for one month was maintained.

(2.) THESE proceedings were initiated on written report Ext. Ka. 1 lodged by informant Mewa Lal (PW 1) resident of village Kopkala, P. S. Chandok, District Jaunpur, on 31 -5 -77 at 2 -15 P. M. by which it was mentioned that the informant and his brother Ram Dularey and his uncle Mangru were returning from the temple of Biresa Bir Baba after worship. They travelled by boat and got down at Hariharpur Ghat. There they saw one boat coming behind in which 19/20 persons were sitting; when informant, his brother and uncle alighted from the boat on the northern bank of river Gomati, the boat which was coming behind was at a distance of about 3/4 lathas from the bank. On account of strong easterly wind, the boat began to drift towards cast; the passengers sitting there raised alarm 'Save save'; seeing the boat in a precarious condition the informant etc. jumped into the river; meanwhile the boat capsized; despite all possible efforts on the part of the informant his uncle and brother, thirteen persons could be saved but three members of the family of Nand Kishore (PW 2) and one small boy and one daughter of one Khatik of village Chandok and one of two other persons were drowned in the river. A search for their bodies in the river was conducted in vain. The incident occurred at 1 P. M.

(3.) THE investigation of the case was conducted by Sub -Inspector Sri Mukhtar Singh (PW 8); inquest memos were drawn on dead bodies of Srimati Lalita, Lalli, Kumari Rajni, Shyum, Tinku and Srimati Mahodari and an unidentified body (Exts. Ka -7 to Ka -11) in presence of Ranches Surya Nath Pandey (PW 6) and Kashi Math (PW 7). Autopsy was held on dead bodies by Dr. Ft. P. Rastogi (PW 4). On completion of investigation charge -sheet was submitted against the revisionists.