STATE OF PUNJAB Vs. AMRIT LAL JAIN

JUDGEMENT

(1.) AMRIT Lal Jain and Sham Lal were tried by the learned Sub Divisional Judicial Magistrate, Nawanshahar for offence under Section 304-A I.P.C. and vide judgment dated April 6, 1989 they were both convicted. Criminal Appeal No. 412-DBA of 1989 has been filed by the State against their acquittal. Criminal Revision 746 of 1989 has been filed by the Rewal Singh also challenging the acquittal. Both the above mentioned cases shall be disposed of by this common judgment.

(2.) THE tragedy which led to the death of 2 school teachers and 16 school children by the falling of Sham Lal's house had occurred in the morning of February 16, 1987. Amrit Lal Jain ran the Tagore Model School, Nawanshahar and was its Principal. The school adjoined the building of this neighbour Sham Lal. At the time of the occurrence the 2 teachers and their students were sitting out doors in the compound of the school near Sham Lal's building. A Magisterial inquiry had been conducted by Executive Magistrate, Jalandhar who concluded that the accident had taken palace due to the negligence on the part of the school for not maintaining its building. Earth had been dug from the school compound, which had led to the weakening of the foundation of the adjoined building of Sham Lal. Even Sham Lal had not maintained his building properly which was in a dangerous condition. The accident was caused due to the negligence of both Amrit Lal Jain and Sham Lal.

(3.) AT the trial the prosecution examined the Medical Officers who had attended on the injured persons, parents of the injured and deceased children and some of the witnesses who had seen the building or the site of the building before the collapse of the wall and the resultant tragedy.