DALJITH SINGH GHAI Vs. STATE

JUDGEMENT

(1.) HEARD, the learned Counsel appearing for the petitioners and the learned high Court Government Pleader for the respondent.

(2.) THIS petition is filed assailing the order of the Judicial Magistrate First Class, Chittapur, in directing the registration of the case against the petitioners for the offence punishable under Section 304-A of the IPC, by order dated 1-3-2000 in C. C. No. 131 of 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 Companies Limited 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 of 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 the UDR complaint was registered. Later, after completion of the investigation, a charge-sheet was filed for the offence under Section 304-A of the 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 Section 304-A of the IPC is made out.