MULJIBHAI TALSIBHAI SAKARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is under section 438 of the Code of Criminal Procedure, 1973.

(2.) In connection with the First Information Report bearing Crime Register No. I-14 of 2017 registered with Jasdan Police Station, Rajkot (Rural) on 23.02.2017, for the offence under Section 304 of the Indian Penal Code, this application is presented by the applicant.

(3.) The gist of the allegations made in the FIR is that one Narendrasinh Chauhan was found dead at the adjoining field approximately 700 meters away from the field of the present applicant, who repaired and installed some apparatus of the Paschim Gujarat Vij Company Limited and while carrying out that work, the said person died and therefore complainant who is engineer of PGVCL just to shield their negligence has shifted the burden of criminal negligence on the present applicant by alleging that just because of the applicant, who is having two electrical connections at his field, out of which in one electrical connection an attempt was made by the applicant to extract electricity, which has resulted in sudden accidental death of the named person. Therefore, it was alleged that the applicant has committed offence punishable under section 304 of the IPC.