IMTIAZ YUSUFBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for quashing and setting aside the FIR being I - C.R. No.15 of 2015 registered with Bilkha Police Station for the offence punishable u/s 304 of the IPC .

(2.) The petitioners under Sec. 482 of the Code of Criminal Procedure, 1973 (in short "the Code") seeks following reliefs:-

(3.) The facts giving rise to present petition succinctly stated that deceased Gandubhai Randhhodbhai was sitting on the agriculture implement attached with Massey Ferguson tractor, which was ridden by complainant Valjibhai Mavjibhai Dodariya. The complainant along with Vinubhai Babubhai Solanki was ridding this tractor into the agriculture field belonging to Gopalanand Bapu. This agriculture field was situated on the bank of reservoir of Ozat river. All of them were ploughing the agriculture field by riding tractor, attached with implement. The 11 kv feeder electric line was passing from north to south across the agriculture field. While they were ploughing the field by riding the tractor, deceased Gandubhai was standing on the tractor. The angle fitted in tractor touched to 11 kv feeder electric line and due to such electrocution, the complainant as well as Vinubhai received minor injury, but deceased Gandubhai flung from the tractor as he was electrocuted and later on, it is found that he has expired. In background of this incident, it is alleged that the officers of the GEB have not kept the electric line in proper condition and let them to loose and as such, they have derelicted from their duty. It is alleged that deceased Gandubhai died due to criminal rashness and negligent act of the officers of the GEB. As such, the act is alleged to be culpable homicidal death not amounting to murder