PUNDLIK TANBAJI NIKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R.M. Daga, Adv. for the applicant and Mr. A.S.Parihar, A.P.P. for the respondent/State.

(2.) Admit.

(3.) Jayatrabai in her statement recorded on 16.10.2008 u/s.161 of the Code of Criminal Procedure before the Police appears to have stated that she came to know from Ku. Ramadevi Katare about the burn injuries received by Vishal and about the fact that he was taken to Gondia for admission in the hospital. Thus, she is not witness as to direct evidence of the incident. She had visited the hospital in Gondia. The boy was sleeping on bed with burn injuries received on hands, legs, face and abdomen. But, he did not speak anything. Katare Madam had informed her that the boy had accidentally fell in the cooking pan and that, since the accident had happened suddenly, she had no accusation against anybody. In the course of investigation, statement of JAYATRABAI was also recorded on 30.1.2010, wherein it is specifically stated by JAYATRABAI that Vishal was admitted in Gondia hospital and while receiving treatment for 10 to 12 days, he died on 27.10.2008 at about 2 P.M. at Gondia. Further, it is stated by her that, in the ground of the school, pots with meals were kept for serving food to the children. But, all of a sudden, accidentally, Vishal fell in one of the pots and received burn injuries which led to his death. Thus, the learned Advocate for the applicant submitted that it was purely an accident which resulted in burn injuries sustained by Vishal, who was taken to hospital where he had received medical treatment for 10 to 12 days, but, unfortunately, he met with death. Under these circumstances, it is submitted that there was no question of commission of any offence punishable u/s. 304-A of the Indian Penal Code.