MANGABHAI BHANABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a consent quashing application, filed under Sec. 482 of the Criminal Procedure Code.

(2.) Pursuant to the FIR, being CR. No. 11208051201966 of 2020, registered with Rajkot B Division Police Station, Dist.: Rajkot, for the offences punishable under Ss. 304 and 337 of IPC and under Sec. 3(1)(j),

(3.) (2)(v) of SCST Act, the applicants herein arrested and chargesheeted accordingly. The case was committed to the Special Court, Rajkot which came to be registered as Special (Atro) Case No. 6 of 2021. 3. Brief facts giving rise to present application are that, the incident in question took place on 10/9/2020 at the place referred in the FIR. It is the case of the prosecution that, the applicant Mangabhai Solanki was awarded work contract of cleaning of the drainage for which, he had employed complainant Nagjibhai, witness Babubhai and deceased Rambhai Lalani. On the day of incident, at the instructions of the applicant accused contractor and his supervisor i.e. applicant no. 2, the complainant entered into main sewage and while doing cleaning work, he became unconscious due to inhaling of toxic gas. The witness Babubhai and Rambhai, being a co-worker, also entered into manhole to rescue the complainant and they also became unconscious due to inhaling of toxic gas. They were taken to the nearby hospital for treatment. During treatment deceased Rambhai could not survive. It is the case of the prosecution that, at relevant time, the applicants accused being a contractor and supervisor, failed to provide safety gears and therefore, they are liable for the act of culpable homicide not amounting to murder.