PRABHU DAYAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Prabhoo Dayal, Mata Din and Gurdayal, who have been convicted of an offence punishable under Section 304A IPC and each sentenced to nine months' R.I. They preferred an appeal before the Sessions Judge of Orai, but it was dismissed on 5.9.1963.

(2.) THE prosecution case briefly stated was that on the 7th of March, 1962 at about 2 p.m. all the three applicants had loaded passengers and luggage at Pal Ghat in a boat for crossing river Jamuna. The boat was badly leaking and was not fit for navigation, but the applicants, so it is said, acted in a rash and negligent manner by attempting to take luggage and passengers on the boat and sailed it towards the other bank with the result that the boat due to the aforesaid leakage could not be controlled in the mid -stream and several people were drowned.

(3.) BOTH the courts below have held that all the three applicants were responsible for taking the passengers and goods on that boat inside the river for taking them to the other bank and that their action in doing so was both rash and negligent.