S K GUE Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order passed by the Sub-Divisional Judicial Magistrate, Koraput, raking cognizance of offences under Ss.304-A of the I.P.C. and 92 of the Factories Act ('Act' for short) against the petitioners.

(2.) The prosecution case in short is that petitioner 1 is the Project Manager and petitioner 2 is the Mechanical Engineer of the Hindustan Construction Co. Ltd., entrusted with the construction of the Cooling Plant of Kolab Dam Works. In the course of construction, the petitioners had erected a platform at a height of 60' from the ground level approachable through a ladder. The floor of the platform, however, was not complete, inasmuch as, there was a blank space though surrounded by four parapet walls. There was an iron barricade on the right side of the ladder but there was no such protection on the left side. On 24-6-1983 at about 12.45 p.m. the deceased, named Md. Mustafa Khan, was working along with two other labourers on the platform. During the course of work when he attempted to get down the ladder from the platform, his feet slipped and he fell down on the ground, about 60' below, by the left side of the ladder where there was no iron barricade. He sustained injuries and while on treatment he died. If the platform would have been complete and there would have been a barricade on the left side of the ladder, the deceased could be protected. The petitioners, who are in charge of construction of the Cooling Plant, were negligent and were responsible for the death of the deceased attracting S.304-A; I.P.C. Further, they violated the provisions of S.32 and are liable to be punished under S.92 of the Act. The Sub-Inspector of Kolab Outpost drew up F.I.R. and after investigation the investigating officer submitted charge-sheet against the petitioner for having committed offences under Ss.304-A, I.P.C. and 92 of the Act.

(3.) The learned Sub-Divisional Judicial Magistrate, Koraput, on consideration of the materials available in the police case diary took cognizance of the aforesaid offences against the petitioners by the impugned order.