Cargo Ship Motor Vessel Case Study

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Cargo Ship Motor Vessel “Jan Seva” owned by the Shipping Corporation of India was chartered by a private company of South Africa on 6th November, 2014 for carrying Iron Alloy. The Chandra Sharma-appellant and the deceased- Gopal Narayan along with other were 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 ship. The Chandra Sharma and one M.Y. Narendra showed reluctance to steer the ship manually and insisted for repair of auto pilot and payment of their long overdue overtime. The ship was taken to Singapore to make the auto pilot functional but the same could not be got repaired. The Chandra Sharma and said Narendra are alleged to have instigated other crew members to insist and obtain it in writing from the Captain of the ship Radha Krishan that the ship would be got repaired at Japan, otherwise they (crew members) shall not allow the moving of the ship from Singapore. When the Captain of the ship reported the matter to the Shipping Corporation of India, the General Secretary of the Union directed the crew members to perform their…show more content…
The Chandra Sharma was charged under Section 302 IPC. In support of its case, . The trial court vide judgment and order dated 9th August, 2015 held the appellant guilty of committing the murder of Gopal Narayan taking note of the incident of assault of 30th November, 2014 in which the appellant had sustained injuries at the hands of the deceased as motive on the part of the appellant for commission of crime, the extra- judicial confession made by him to Kalyan Singh and presence of his fingerprints on the knife that was allegedly used as the weapon of offence. Against this the accused filed an appeal in high

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