Judgement

HIDAYATULLAH, J. : This is an appeal on behalf of ten appellants who were charged for deserting their ship "S. S. Nilgiri" on or about April 22, 1964. They were convicted under Ss. 191 (1) (a) and (b) and 194 (b) and (e) read with S. 436 of the Merchant Shipping Act, 1958. Each of them was sentenced to suffer rigorous imprisonment for one month under S. 191 (1) (a) read with S. 436 of the Act and also to forfeiture of 1/25 of the wages due. Under S. 194 (e) they were fined Rs. 20 each but no separate sentences were passed against them under S. 191(1) (b) and S. 194 (b) of the Act Their application for revision in the High Court of Calcutta was summarily rejected. They now appeal by special leave granted by this Court.

2. The facts of the case are that the appellants had entered into a half-yearly agreement with the Eastern Steamship Ltd. to navigate "S. S. Nilgiri" (Captain Hunter) between December 11, 1963 and June l0, 1964. The terms of their agreement are exhibited as Ex. l in the case. It appears that they had performed some voyages on board "S. S. Nilgiri" and on the day on which they are alleged to have deserted the ship, it had berthed in the Calcutta Port. According