ARPIT ANILKUMAR AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The applicant/original accused no.3 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.154/2022. The applicant has been convicted for the offence punishable under Ss. 304-A and 283 of the Indian Penal Code, 1860 ( IPC ). The maximum punishment awarded is three months simple imprisonment. The applicant was working as Engineer with M/s. CEINSYS Technical Ltd. 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 led before the trial court, prima facie, indicates that an engineer belonging to M/s. CEINSYS Technical Ltd. was responsible for supervision over the work of execution. The evidence, on the point that accused no.3 was responsible for supervision, appears to be lacking.