GAJANAN GANGARAM NEMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard finally with consent of parties.

(2.) This is and application under section 482 of Criminal Procedure Code read with Articles 226 and 227 of Constitution of India.

(3.) Few facts may be stated as follows: the applicant on the relevant date was working as Sub Engineer in M. S. E. B. at Khamgaon. One Subhash Navkar was also working as Helper in M. S. E. B. at the relevant time, while Gokul Pawar was working as Assistant Wireman. The complainant was also working as Assistant wireman in M. S. E. B. It is alleged that on 5. 6. 2000 the present applicant directed goklul Pawar as well as Subhash Navkar to carry with them insulator and other things for changing the insulator on the electric pole No. 2-C pole Shegaon Naka. They went there. It is alleged that when they went there they were informed by the present applicant that after taking the permission he has closed the supply on 11 kv line. Since the deceased as well as Gokul were told that the supply on 11 KV line was closed they went to complete the job. Subhash climbed on one of the poles of 11 kv line in order to change the insulator. Gokul, Assistant Wireman went ahead to the next pole to fix the insulator. When he went ahead he heard a loud noise and shout and he found that Subhash had fallen down from the said pole. He reported the matter to the police. Upon this report the police registered the offence under section 304-A of the Indian Penal Code. Charge-sheet has already been filed. After the charge-sheet came to be filed the present applicant accused filed a revision before the Court of sessions against Magistrate taking cognizance of the offence under section 304-A indian Penal Code. Learned Sessions judge rejected the revision.