ZAHEER ALAM KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner is arraigned as accused No.6 facing charge for the offence punishable under Section 304 read with Section 14 of Child Labour (Prohibition and Regulation) Act, 1986, under investigation in Cr. No.294/2010.

(2.) It is alleged petitioner is doing business in a shop at Ummerkhyam Road at Mysore dealing in scrap and such other used items. On 24-12-2010 when the Complainant Chand Pasha went to the shop to collect money, the petitioner asked him to press the used perfume cylinder, He declined as he apprehended danger. However, petitioner is alleged to have persuaded him to do so and other persons on the job were engaged in the said work, which include a fourteen year old boy.

(3.) The prosecution case is at 2-00 p.m., there was explosion in the shop resulting in fire. Due to the fire accident four persons including a boy aged 14 years, suffered burn injuries. Despite treatment the victims died. The prosecution has held the petitioner responsible for culpable negligence as he had compelled the employees to engage in destroying perfume cylinders, which were not actually totally empty. Besides, he is now indicted for the offence punishable under the provisions of Section 14 of Child Labour (Prohibition and Regulation) Act, 1986.