PRITHVI SINGH Vs. DEVLI DEVI AND ANOTHER

JUDGEMENT

(1.) Present petition is filed under Section 482 Cr.PC for quashing of FIR No. 11 dated 01.02.2016 registered under Sections 287, 336 and 304-A IPC in Police Station Theog District Shimla (H.P.).

(2.) On dated 01.02.2016 at about 11:00 am manager of plant namely Sh. Prithvi Singh s/o Sh. Kapoor Singh r/o Village Bakholi P.O. Dangyar Tehsil Pachhad District Sirmour H.P. started stone crusher for cleaning it and directed labourer Sh Mukesh Kumar to clean the crusher. It is alleged that at about 12:30 noon Sh. Mukesh Kumar came under the range of belt of stone crusher and died at the spot. It is alleged that labourer deceased Sh. Mukesh Kumar died due to negligence of plant manager Sh. Prithvi Singh at the spot. It is alleged that accused committed negligent conduct with respect to machinery and caused death by negligence act not amounting to culpable homicide.

(3.) Per-Contra police report filed by Superintendent of Police District Sirmour H.P. There is recital in police report that in investigation it was found that deceased died as a result of accident and no fault or negligence on the part of any person was found and consequently cancellation report in the matter has been prepared.