A JAYAPAL Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the criminal proceedings in C.C.No.7 of 2009 on the file of the learned Judicial Magistrate VI, Madurai and have taken cognizance for the offence punishable under Section 304(A) I.P.C as against the petitioner and another.

(2.) The case of the prosecution is that on 16.02.2001, the wife of the deceased lodged a complaint alleging that the defacto complainant's husband was working in the petitioner's construction under the supervision of one Subramani, who is arrayed as Accused No.2 in the above case. The said Subramani is a contractor. Further, she alleged that her husband had worked without proper protection made by the Accused No.2 and this petitioner herein. Due to negligence and carelessness of the above petitioner and another, her husband died because of debris of sand fell down on him. Therefore, he died. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner would submit that there is no iota of evidence available to attract the offence under Section 304(A) I.P.C as against the petitioner herein. Admittedly, the petitioner is the owner of the building and Accused No.2 is a contractor of the petitioner. As far as the petitioner is concerned, he had entered into the building construction contract with the accused no.2 by an agreed dated 11.02.2008. In the said agreement, there is a specific clause i.e whenever the accident or untoward incidents happened, the labour contractor is liable for all the incidents took place during the construction and the owner of the building is no way liable for anything. Further, he would contend that the defacto complainant also filed a claim petition before the Deputy Commissioner of Labour Court, Madurai, in which, the Deputy Commissioner of Labour directed the petitioner to pay the compensation on behalf of the accused no.2 as a sum of Rs.4,33,060/- and recover the same from the accused no.2. Therefore, he prays to quash the proceedings in C.C.No.7 of 2009 on the file of the Judicial Magistrate No.VI, Madurai.