RADHESHYAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is filed against the judgment dtd. 11/3/2011 passed by Additional Sessions Judge (FTC), Dhamtari, District Dhamtari in Criminal Appeal No. 73/2010, whereby the judgment of conviction and order of sentence dtd. 17/9/2010 recorded by the learned Judicial Magistrate First Class, Nagri, District Dhamtari in Criminal Case No. 560/2009 wherein the applicant was convicted under Sec. 337 IPC and sentenced to undergo R.I. for one month and Sec. 304A IPC to undergo R.I. for six months with fine of Rs.500.00 directing to run both the sentences concurrently, has been affirmed.

(2.) The applicant has challenged the order passed by the learned Additional Sessions Judge (FTC), Dhamtari, District Dhamtari in the instant revision under Sec. 397/401 of Cr.P.C.

(3.) Case of the prosecution is that on 10/1/2007 the work of demolition of wall was being done at Sondhur Jalasay under instructions of the present applicant and co-accused namely Deepchand. The present applicant at the relevant time was posted as Timekeeper, whereas co-accused was posted as Sub-Engineer of Public Works Department. When work was being executed by labourers, at the same time wall collapsed in which two labourers namely Surja Bai and Ganeshi Bai were killed, whereas Radhiya Bai and Parwati Bai sustained injuries. F.I.R. was registered for offence punishable under Sec. 304A of IPC against the present applicant and co-accused Deepchand.