D S GHAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the petitioners and the learned hcgp.

(2.) THIS petition is filed assailing the order of the JMFC, Chittapur, in directing the registration of the case against the petitioners for the offence punishable under S. 304-A, ipc by order dt. 1-3-2000 in C. C. No. 131/ 2000 wherein the facts are on 7-4-1998, at about 1. 30 p. m. or so, one Jalaluddin, an employee of M/s. Associated Cement Cos. Ltd. whose service was being utilised in the factory premises at Wadi had stationed himself in the third floor of the factory building, at that time the complainant-Babulal was also accompanying the deceased and they were engaged in lifting iron weights weighing 50 Kgs. for weighing kiln material and from the ground floor those weights were being tied by a rope by Basavaraj and they were lifting the same and they had to lift about 100 such iron weights. Since morning they had lifted 17 such weights and while lifting the 18th weight, rope was dropped and, while Basavaraj was in the process of tying the rope on the ground floor the deceased Jalaluddin went near the pulley on the 3rd floor and was peeping through the hole near the pulley by kneeling down and while watching the tying of the rope to the weight the said Jalaluddin slipped and fell down from the third floor and sustained severe head injury and on the way to a major hospital he succumbed to the injuries.

(3.) ON this UDR complaint was registered. Later, after completion of the investigation, a charge-sheet was filed for the offence under S. 304-A, IPC. The same has been assailed in this petition challenging the taking cognizance and contending that there is no negligence or rashness on the part of the petitioner in relation to the death of jalaluddin as no basic essential ingredient of constituting the offence under S. 304-A, ipc is made out.