CAPTAIN DSOUZA Vs. PASHUPATI NATH SARKAR

JUDGEMENT

(1.) THE petitioner who is the accused in a case under Sections 304 -A, I.P.C. and 214 of the Merchant Shipping Act pending before the Chief Presidency Magistrate of Calcutta prays for quashing the proceeding pending against him on the ground that the allegations made in the complaint made against him and the facts elicited in the enquiry under Section 202, Criminal Procedure Code, do not make out an offence under Section 304 A, I.P.C., and that there were no legal materials before the learned Magistrate which might justify his being summoned to stand his trial under Section 214 of the Merchant Shipping Act either.

(2.) THE petitioner is the master of a sea going vessel S. S. Indian Exporter and one Sanat Kumar Sarkar, deceased, was the junior engineer in that ship. The ship arrived at Sand head 110 miles off the port Calcutta on 5.10.1966 and had to wait there for pilotage. On 11.10.1966. Sanat Kumar reported for duty as usual and worked for sometime, but he was relieved early as he felt unwell.

(3.) ON 12.10.1966 he had temperature and nausea. On the 14th he was bedridden and his colleagues reported to the Chief Engineer and asked for his removal to Calcutta. The Chief Engineer reported the matter to the Captain and so did the second officer who was an unqualified doctor on board the ship. On the 15th the Chief Engineer saw Sanatkumar in his cabin and he was again requested by Sanatkumar's colleagues to arrange for his early removal to Calcutta. On the 16th Sinatkumar'a condition became worse and he could not talk. The Chief Engineer of the ship was informed and the Captain was requested to arrange for shifting the sick man to Calcutta. Both the Chief Engineer and the Captain came and saw Sanatkumar, but nothing was done.