SACHINDRA TRIPURA Vs. DHAMMAPRIYA (THAINO) MOG

JUDGEMENT

(1.) This petition by the complainant has been filed under section 397 read with section 482 of the Code of Criminal Procedure (Cr.P.C.) whereby the petitioner has challenged the order dated 07-08-2009 passed by the learned Judicial Magistrate 1st Class, Sabroom, South Tripura discharging the respondent No. 1 Dhammapriya (Thaino) Mog from the charge levelled against him under section 304-A of the Indian Penal Code (IPC).

(2.) Briefly stated, the facts of the case are that the 7 year old son of the complainant-petitioner was studying in a residential school namely Dhammadipa School. The respondent No. 1 Sri Dhammapriya (Thaino) Mog is the Chairman of the school or of the society which manages the school. The case of the prosecution was that the young 7 year old child was kept as a student in the boarding school under the care and protection of the school authorities. The young boy died due to drowning in a deep lake. As per the prosecution, the deceased boy, along with about 80 other young students, was sent for taking a bath by the Chairman of the school under the guidance of two teachers Samao Mog and Ukra Mog. The deceased boy Joel died while taking a bath in the lake. This fact came to the knowledge of the authorities only when the children were being counted in front of the school after returning from the lake. The FIR was lodged by the father and case No. 18 of 2008 was registered with Sabroom Police Station under section 304-A of the IPC. One of the accused in the case was the respondent No. 1 herein.

(3.) The respondent No. 1 herein Sri Dhammapriya (Thaino) Mog filed Criminal Petition No. 29 of 2008 in the Gauhati High Court which then exercised jurisdiction. Notice was issued in the case and a stay order was granted staying further proceedings in the trial. Finally, vide judgment dated 26-06-2009 the petition filed by Sri Dhammapriya (Thaino) Mog was dismissed. The operative portion of the judgment reads as follows:-