BHIMABHAI KALABHAI` Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Seven innocent village people lost their lives and eight persons received injuries at village Bagdana due to water tank collapsed in 1984. The said water tank was constructed by the petitioner original accused No, 1, for the purpose of convenience of the people of village Bagdana for the purpose of getting water and for washing clothes, etc. from the water of the tank.

(2.) The Police filed charge sheet against the present petitioner and two other accused i.e. Ravji Kala accused No. 2, Sarpanch of the village and brother of the present petitioner and Niranjan Dinkarrai Jani, Supervisor of P.W.D. before the Court of J.M.F.C., Mahuva for the offences punishable under Ss. 304A, 337, 338 and 114 of I.P.C. The ld. Magistrate found the original accused Nos. 2 and 3 not guilty for the offences charged against them as the prosecution fails to prove its case against them beyond reasonable doubt. However, the ld. Magistrate found petitioner-accused No.1 guilty for the offence punishable under S. 304A, I. P.C. and ordered to suffer R.I. for two years and to pay fine of Rs. 5,000 / - i/d. to further undergo S. I. for six months. The ld Magistrate has also ordered that if the petitioner pays fine of Rs. 5,000/- then Rs. 4,000/ - be paid equally to the legal representatives of the deceased. The petitioner was also convicted for the offence punishable under S. 337, I.P.C. and also ordered to undergo six months R.I. and to pay fine of Rs. 500/- i/ d. to undergo two months S.I. Out of Rs. 500/ -, Rs. 400/ - is also ordered to be equally distributed to the injured persons. However, both the sentences were ordered to be run concurrently.

(3.) In appeal, the learned Addl. Sessions Judge by his impugned judgment and order dated 21st October, 1991 dismissed the appeal and confirmed the order of conviction and sentence recorded by the learned Magistrate, Mahuva.