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1987 Supreme(Ker) 490

K.G.BALAKRISHNAN
Joseph – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The petitioner is the first accused in Crime No. 20 of 1986 of City Crime Police Station. This case was originally registered as Crime No. 29/80 of Kannamaly Police Station and the same was transferred to the Crime Detachment, Ernakulam for investigation and the case has now reached the Court of Special Judge (SPE/CBI)-II & IV Additional Session Judge as case No. 33 of 1987.

2. This petition has been filed to quash the proceedings in this case against the petitioner. The incident happened on 19-3-1980 at about 2.45 p.m. The petitioner was the owner of a motor boat by name "St. Xavier". This boat was used for ferry service between Kannamaly and Perumpadappu on that day. 19-3-1980 was the festival day in Kannamaly church. It is alleged that the boat St. Xavier, though it had only a capacity for carrying 80 passengers, took on board 300 passengers and proceeded from Kannamaly to Perumpadappu. As the boat reached the middle of the lake, water gushed into the boat. People on board cried aloud in panic and in a shortwhile the boat capsized. Most of the passengers were saved, but 30 unfortunate persons lost their lives in this incident. The prosecution would further contend th












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