JUDGMENT

M.Y. EQBAL, J.

This appeal by special leave is directed against the judgment and order dated 25th July, 2008 passed by the High Court of Delhi in Criminal Appeal No. 820 of 2002 whereby the judgment and order dated 9th August, 2002 passed by learned Additional Sessions Judge, New Delhi in Sessions Case No. 45 of 2001 convicting the accused-appellant under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) and sentencing him to imprisonment for life and a fine of Rs. 100/- and in default of payment of fine, rigorous imprisonment for one day was maintained and the said appeal dismissed.

2. The prosecution version in a nutshell is that the Cargo Ship Motor Vessel “Lok Prem” owned by the Shipping Corporation of India was chartered by a private company of South Africa on 6th November, 1996 for carrying Chrome Alloy. The accused-appellant and the deceased L. Shivaraman along with other were helmsmen/seamen (crew members) on the said ship. When the ship was sailing from South Africa to Japan via Singapore, the auto pilot went out of order which could not be repaired for non-availability of technicians on board and thus requiring the crew on board to manually steer the sh