RAM SINGH MODAVAT Vs. STATE OF M.P

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) By this petition preferred under Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed for quashment of FIR registered by Police Station Unhel, District Ujjain against him vide Crime No.149/2020 for offences punishable under Ss. 337, 338 and 304-A of the IPC, charge-sheet dtd. 30/8/2020 and the entire consequential proceedings of RCT No.908/2020 pending before the trial Court.

(3.) As per the prosecution, on 16/5/2020 deceased Lal Singh along with one Hakam Singh and others was extracting soil from Lal Singh's well. From the outside Ram Singh was running the machine while Hakam Singh and others were filling the soil from inside. During course of such work, due to sinking of the soil, Lal Singh along with the machine fell inside the well due to which he and Hakam Singh sustained injuries and eventually succumbed to the same. On receiving the information from the complainant Darbar Singh, two merg were registered and statements were recorded and subsequently it was found that the incident has occurred due to the negligence of the petitioner/accused. Thereafter, the FIR was registered against the petitioner and upon completion of the investigation, charge-sheet has been filed before the Magistrate for the offences as referred to above of which cognizance has been taken by the Judicial Magistrate.