Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 16 January, 1969 of the High Court at Allahabad.

2. The High Court upheld the order and judgment of the Assistant Sessions Judge, Faizabad convicting the appellant and sentencing him to 5 years rigorous imprisonment under Section 394 of the Indian Penal Code, 3 years, rigorous imprisonment under Sec. 404 of the Indian Penal Code and 3 years rigorous imprisonment under Section 218 of the Indian Penal Code. The sentences were to run concurrently.

3. The appellant was head-constable at the Police out-post Baghanala under the Police Station Chhaoni in the District of Basti, Uttar Pradesh. On 10 April, 1965 which was Ram Naumi day a large number of persons had come to Ayodhya to have a dip in the holy river Saryu and a Darshan of the temples. There was a large crowd on the bridge over the river. The bridge gave way. Many persons were drowned. Bachchan Lal Srivastava, an Advocate and his brother Triloki Nath Srivastava an Overseer and Bachchan Lal Srivastava s clerk Jugal Kishore and two other Advocates Shri Shanker Singh P. W. 1 and Shri Jagdamba Prasad Singh P. W. 6 were pilgrims to the river Saryu on that day