B P RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed under S.482 of the Code of Criminal Procedure, against taking cognizance of the offence punishable under S.304-A of the IPC, by the Judicial Magistrate First Class, Durg.

(2.) The facts of the case are that the applicant No. 1 is a Superintendent working in the Bhilai Steel Plant, while the applicant No.2 is a Chowkidar in The Bhilai Club, which is managed by the Officers of the Bhilai Steel Plant. Membership is open to the Officers of the Bhilai Steel Plant, HSCL, MECON and other Officers of SAIL posted at Bhilai, on payment of prescribed admission and monthly fees according to the bye-laws. The Governing Body of the said Club is an Elected Body. The applicant No. 1 was an Honorary Secretary of the said Club. The Club has a swimming pool. Entry into the pool is restricted to the members and their dependents. No guest is allowed. A Chowkidar is posted on the gate of the swimming pool, who permits the entry on presentation of the admission card.

(3.) On 10-5-1988, one Rameshchandra, aged about 13 years, at 6-00 p.m., entered into the swimming pool on the basis of the admission card of his father. Another boy, by name Rishi Aggarwal, aged about 17 years, surreptitiously entered into the premises. The Chowkidar could not have the knowledge of his entry into the swimming pool. Both the boys remained in the swimming pool for about an hour. About 18 to 20 persons were also present in the swimming pool. After a while, Rishi Agarwal was not seen and Rameshchandra became worried about him. The Luna Moped of Rishi and his clothes were in the premises, but Rishi could not be noticed. He, therefore, informed his parents and, subsequently, the parents of Rishi were informed. After a vigorous search, the dead body of Rishi was recovered from the swimming pool. The police-station Bhilai Nagar registered the crime No.22/88 under S.304-A of the I.P.C. Statements of number of persons were recorded and challan was presented in the Court of Judicial Magistrate First Class, Durg. From the charge-sheet, it appears that the police is of the view that there was no lifesaving guard, nor was there any notice of caution on the swimming pool. Hence, the applicants are alleged to be liable for their inaction hence their rash and negligent act.