L BALASUBRAMANIAM Vs. S ANAND

JUDGEMENT

(1.) PETITIONERS � accused Nos.1 and 2 have called in question the proceedings in C.C. No.23678/2011 pending on the file of the VIII Addl. Chief Metropolitan Magistrate, Bangalore, arising out of Crime No.32/2011 registered by High Ground Police, Bangalore, for the offence punishable under Section 304-A of IPC. Charge sheet is filed against the petitioners for the said offence. At this stage, the petitioners have filed this petition seeking for quashing of the proceedings.

(2.) THE case of the prosecution is that the deceased M.Karthika Rajan was working as a Mechanic in the service and maintenance department of M/s. Johnson Lifts private limited. On 19.02.2011, the said Karthika Rajan had gone to attend the maintenance work of the lift at Mahaveer Jain Hospital and while carrying out the repair, he fell down and sustained grievous injuries and succumbed to the same. It is alleged that petitioners 1 and 2, being the Branch Manager and Engineer, are responsible for the accident that had occurred resulting in the death of the said Karthika Rajan.

(3.) DURING the course of investigation, Police recorded the statement of the co-worker, who was present was present with the deceased Karthika Rajan. In his statement, he has stated that they were entrusted with the work of repair of lift at Mahaveer Jain Hospital and Karthika Rajan was not having the helmet and waist belt and other safety equipments. However, in the same statement, he has stated that the Company conducts weekly safety measures meeting and also has provided necessary safety equipments. From the material collected by the Police, it is not clear as to whether the safety equipment provided by the company was utilized by the deceased or not. Even the chargesheet does not show that other person had witnessed the incident except a coworker. Coworker admits that the Company has provided all the safety measures.