MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revision Petitioners/accused Nos. 1 to 3 feeling aggrieved by judgment of first appellate Court on the file of learned District and Sessions Judge, Bagalkot in Crl.A.85/2011, dtd. 12/3/2014, dismissing the appeal and confirming the judgment of conviction and order of sentence passed by Prl. Civil Judge and JMFC, Bagalkot in CC.No.425/2010, dtd. 22/11/2011, preferred this Revision Petition.

(2.) Parties to Revision Petition are referred with their ranks assigned before Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 6/10/2009 at about 5.45 p.m. two children of complainant Manju and Sandeep had gone to Bagalkot Girl's High School ground to play cricket with their friends. While, playing cricket, ball fell into water pond dugged by accused, who have undertaken the work of underground drainage project through Bagalkot Town Development Authority (for short BTDA), Bagalkot. The two sons of complainant went to water pond to pick up the cricket ball and they fell in water pond. Further they died due to drowning. It is further alleged that accused have left open the water pond without adopting safety measures and on account of such actionable negligence of accused, two children of complainant Manju and Sandeep died due to drowning in the water pond. On these allegations, investigation was carried out and charge sheet came to be filed for the offence punishable under Sec. 304-A of IPC.