VISHWAJIT EKNATH HUMNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The applicant/original accused no.4 is seeking to suspend the sentence imposed by Judicial Magistrate First Class, Nagpur vide judgment dtd. 20/6/2022 passed in Regular Criminal Case No.642/2020 and upheld by the learned Additional Sessions Judge - 11, Nagpur vide judgment dtd. 14/8/2023 in Criminal Appeal No.155/2022. The applicant has been convicted for the offence punishable under Ss. 304-A, 283 and 166 of the Indian Penal Code (IPC). The maximum punishment awarded is three months simple imprisonment. The applicant was working as Deputy Executive Engineer with Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), Urban Circle, Nagpur. The unfortunate incident occurred on 22/4/2019 in front of Dena Bank, Opposite C.A. Road, Nagpur. The work of laying underground cable of MSEDCL was in progress. The work contract was given to M/s. CEINSYS Technical Ltd. A heap of excavated soil of trench was partly placed on said road. One Prashant, working with Zomato company was going by his Activa scooter. The scooter got skidded and he fell down on the road. Accused no.1 who was driving a tipper from the backside, ran it over Prashant, causing him fatal injuries.

(3.) The accusation against the applicant is that he was supervising the excavation works. The evidence of crucial witness Pws. 3 and 4, prima facie, indicate that his role would have commenced after completion of contract. His role was limited to the clearance of bills submitted by the contractor to the franchise SNDL of MSEDCL. Thus, the first line of supervision was with the SNDL. The applicant is an officer of the MSEDCL.