LAWS(DLH)-2023-1-201

PARMOD KUMAR KUSHWAHA Vs. STATE OF DELHI

Decided On January 17, 2023
Parmod Kumar Kushwaha Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been preferred against the impugned judgment dtd. 5/9/2018 passed by learned Special Judge, CBI (PC ACT) - 06, Central District, Tiz Hazari Courts, Delhi ("Appellate Court") in Criminal Appeal No. 265/2017 titled as "Pramod Kumar Kushwaha vs State of NCT of Delhi", and also against the judgment dtd. 29/6/2017 and order on sentence dtd. 24/11/2017 passed in the case titled as "State of Delhi vs Pramod Kumar Kushwaha" by learned Metropolitan Magistrate, Central District, Tiz Hazari Courts, Delhi ("Trial Court") in Case No. 293117/2016, arising out of FIR bearing No. 14/2003 registered as Police Station ("PS") for offences punishable under Sec. 304-A of the Indian Penal Code ("IPC").

(2.) The brief facts of the case are that on 9/1/2003 at about 10:50 pm, the present petitioner, i.e., Parmod Kumar Kushwaha, along with his colleague technician Inder Mani Sharma (deceased), during the work allotted to them by their company, had reached at Ground Floor, Minto Road Hostel, Block No.1, Delhi, to repair the defective lift no.1. While the petitioner had gone to the machine room on the 12th floor of the hostel building, Inder Mani Sharma had stayed at the ground floor and was in the lift shaft trying to find fault in the lift. The petitioner had suddenly put the lift in motion without giving prior intimation to his colleague, who was trapped in the lift shaft and as a result, he had lost his life due to rash and negligent behaviour of the petitioner. After the completion of the investigation, charge sheet was filed, and charges under Sec. 304-A IPC were framed against the petitioner.

(3.) The learned Trial Court vide judgement dtd. 29/6/2017 had convicted the petitioner under Sec. 304-A IPC and vide order dtd. 24/11/2017, had sentenced him to undergo rigorous imprisonment for two years and to pay compensation of Rs.1,40,000.00 to the legal heirs of the deceased equally under Sec. 357(3) Cr.P.C, and in default to undergo further rigorous imprisonment for six months. Benefit of probation was denied to the convict.