ATAUR REHMAN Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the impugned order dated 18. 7. 2003 whereby a prima facie offence under Section 304-A of the IPC had been held to be made out against the accused/petitioner namely Ataur Rehman. Charge under Section 304-A of the IPC had accordingly been directed to be framed against him.

(2.) ON 26. 3. 2004, proceedings in the Trial Court had been directed to be stayed by an order of this court.

(3.) THE counsel for the petitioner has drawn the attention of the court to the charge-sheet and the statement of Pappu which had formed the basis of the FIR. Incident is reported to be of 28. 6. 1998; on the same day the submission of Pappu was recorded. The said statement inter alia reads as follows: Statement of Pappu son of Shri Ajay Mishra resident of village Jamo PS Jha Jha Jivya Jamoue Bihar aged 20 years. Stated that I am resident of the mentioned address. I came to Delhi about three months ago in search of work, I am living in a jhuggi near Railway bridge Sadar Bazar, Delhi. I am doing the work of demolishing and breaking old houses at Matka Wali Gali, chauhan Bangar, Delhi. One boy Suresh Kumar Thakur son of Shri Kartik Thakur aged 20 years belonging to my village was living with me. He was doing the work of demolishing and breaking houses along with me. Today at about 10. 30 AM day time when we were doing the work of breaking the house at Matke Wali Gali, chauhan Banger, Delhi, all of a sudden one wall collapsed on the head of above mentioned Suresh. He sustained injuries and we got him admitted in G. T. B. Hospital wherein he expired. Owner Ataur Rehman of the house No. C-80/3-A gali no. 2/7 Matkewali Gali, Chauhan Banger, Delhi is "farar" at the spot. Legal action may be taken against him. I have heard the statement which is correct. Sd/-Pappu