DHARMENDRA BHANDARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed by the applicant feeling aggrieved by the order dated 23-7-2005 passed by XI Additional Sessions Judge Indore in Cr. A. No. 567/2004.

(2.) THE applicant was convicted by JMFC, Indore in Criminal Case No. 1013/04 for the offence punishable under Section 304 (A) of the IPC and was sentenced with R. I. for one year and a fine of Rs. 1,000/ -. Feeling aggrieved by this conviction and sentenced criminal appeal was preferred by the applicant which is pending before XI Additional Sessions Judge, Indore. During the pendency of the appeal an application under Section 391 Cr. P. C. was moved by the applicant for taking the documents on record which is said to be a work order issued in favour of some other firm namely Goyal Construction. The charge against the applicant in case was this that when some construction work in Laxmi bai Nagar, Krishi Upaj Mandi was being carried out by him then he obtained direct electricity connection from the line of MPE8 illegally and uninsulated connections were made by him. Santosh S/o Dal Singh, who went near the side of construction, came in contact with these connected live electric wire died because of electrocution. Thereafter crime under Section 304 (A) was registered against the applicant and he was tried by learned Magistrate and convicted.

(3.) THE application filed by the applicant under Section 391 Cr. P. C. was heard by the Additional Sessions Judge on 23-7-2005 and was dismissed on that date by the impugned order holding that the document desired to be produced as additional evidence was very well in the knowledge of the applicant while he was being tried by the learned Magistrate. It has also been held that the document produced by the applicant is not going to effect the merits of the case and on the basis of these findings the application preferred by the applicant has been rejected.