STATE OF H P Vs. SURINDER PAL SINGH

JUDGEMENT

(1.) The appellants challenge the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the accused of offences under Section 304-A I.P.C. Two appeals arise out of the same judgment, viz. Cr. Appeal No. 170 of 2005 titled State of H.P. and Surinder Pal Singh and Cr. Appeal No. 97 of 2005 titled State of H.P. Vs. K. Shanmugham and are being disposed of by this common judgment.

(2.) According to the prosecution, on 28.5.1995, 77 students (59 boys & 18 girls) and staff members of Dalhousie Public School, Badhani (Pathankot) (hereinafter DPS for short) went for a picnic on 28.5.1995 on the banks of river Beas at Tanda Patan, Indora. Both the accused according to the prosecution had been deputed by the head master to look after and ensure the safety of the students studying in 5th and 6th classes.

(3.) During lunch break, the accused entered the river and inspected the water level to ascertain whether it was safe for children. A zone was earmarked by them where children could play. The depth of the water was up to the knee level. Both the accused were supposed to have stationed themselves on north and south corners of the selected zone where the children were allowed to play. Everything was fine; children started frolicking in the water. According to the prosecution, at around 1.30 p.m., the accused proceeded down stream where the water was deep and without examining as to whether it was safe or not, they allowed the children to enter the river as a result 14 students drowned. They were charged for offences under Section 304-A of the Indian Penal Code (hereinafter I.P.C.).