Judgment

BHAGWATI. J.: - On 17th May 1965 a lorry loaded with heavy logs of wood was driven by the third respondent through a narrow lane off Kalighat Road and brought to a halt in front of a saw mill of which Respondent No. 1 was the owner and Respondent No. 2, the manager. Whilst the logs of wood were being unloaded from the lorry by two coolies, they fell on a girl called Mita Mukherjee and resulted in her death. A first information report was thereupon lodged with Bhawanipur Police Station against Respondents Nos. 2 and 3 and the two coolies who were unloading the logs of wood. On the basis of this first information report, Respondents Nos. 2 and 3 were prosecuted in the Court of the Magistrate, Alipore. Respondent No. 1 was also joined as an accused though his name did not appear in the first information report. The two coolies were absconding and they were, therefore, left out of the criminal case. The charge against Respondent No. 1 was that though residents of the locality had repeatedly asked him not to allow entry of lorries dangerously loaded with heavy logs of wood into the narrow lane he did not pay any heed and on or about 17th May, l965 the third respondent engaged by