SACHIN Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) PETITIONER has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 172 dated 11.4.2010 under Section 304A of the Indian Penal Code, 1860 (IPC for short) registered at Police Station City Bhiwani District Bhiwani and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner has submitted that no offence under Section 304A IPC could be said to have been committed by the petitioner. In fact, all the residents of the locality had planned to get installed one hand pump for their use. Members of the locality had arranged joint funds for installation of the hand pump. Balvir was engaged to install the hand pump in front of the house of the petitioner. While installing the hand pump, Balvir got electrocuted and as a result of this, he died. However, petitioner could not be held liable for death of Balvir.

(2.) LEARNED State counsel as well as counsel for respondent No. 2, on the other hand, have opposed the petition and have submitted that the hand pump was being installed in front of the house of the petitioner. Balvir got electrocuted because the clip of the hand pump touched the live wire, which was passing over the house of the petitioner and as a result, he died.

(3.) IN the present case, admittedly, the hand pump was being installed for the residents of the locality and Balvir was engaged to install the hand pump. The hand pump was to be installed in front of the house of the petitioner. Unfortunately, while installing the hand pump, the clip of the hand pump touched with the live wire, which was passing over the house of the petitioner. Due to this reason Balvir got electrocuted and died at the spot. Petitioner, however, can not be held liable qua commission of offence punishable under Section 304A IPC merely because the hand pump was being installed in front of his house. The electric wires passing through the houses had been admittedly fixed by the electricity department.