RAMKISHUN TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure has been filed by the Petitioner to invoke the extra ordinary powers of this Court to quash the proceedings of Criminal Case No. 126/2007 pending before JMFC, Panna (State v. Ram Kishun Tiwari) for alleged offence under Section 304-A and 337 of IPC.

(2.) In brief, the prosecution case is that Petitioner was Sarpanch of Village-Kakra. He was given task of constructing the over hand tank of water, he used inferior and rubbish material in the construction and due to collapse of this water head tank, Janki Lodhi, Aman Singh, Hakke Dhimar, Vijay Singh and Indrapal died and several other persons sustained injuries for which report was lodged at PS-Amanganj on which Crime No. 66/04 -2 -was registered under Sections 304-A and 338 of IPC against the Petitioner.

(3.) Learned Counsel for Petitioner submits that Tank was not fully prepared, Petitioner was busy in marriage of his son and was out of village, in the meanwhile, some miscreants filled water in the unfinished tank which collapsed and unfortunately so many persons died and several others got injuries, but it cannot be said that tank was not properly constructed and Petitioner alone is not responsible. The tank was to be constructed under the supervision and on the plan of Sub-Engineer, etc.