BENU KRISHNA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the CODE OF CRIMINAL PROCEDURE, 1973 has been filed by the petitioners for quashing the entire criminal proceeding in Hatia P.S. Case No. 109 of 1995 (GR. No. 1477 of 1995) including the order dated 14.8.1997 whereby and whereunder the learned Chief Judicial Magistrate, Ranchi took cognizance for the offence under Sections 287, 288, 337 and 120B of the Indian Penal Code.

(2.) The short facts of the prosecution case giving rise to this application is that one Ram Prakash Saksana lodged First Information Report alleging that on 13.6.1995 the site-in-charge, Engineer and others of Blue Star were working on erection of cooling tower. The cooling tower was being lifted on the roof of main building about 30 by pulleys chains, ballis and ropes, etc. At about 1.30 p.m. suddenly the rope broke away and one Mazdoor Md. Ishaque fell down along with the cooling tower and failed. Thereafter, the injured was taken to Jeevan Look Hospital than to Save Sadan and on their advice to R.M.C.S. where the injured was declared dead. It was alleged that due to negligence on the part of the owner and site-in-charge of Blue Star ltd., the occurrence took place. Accordingly, the First Information Report was lodged. The police investigated the case and submitted charge sheet.

(3.) Mr. M.M. Benerjee, learned Counsel appearing on behalf of the petitioners at the very outset submitted that the said accident occurred on account of mistake of Md. Ishaque, the deceased himself. There was spot inquiry by the factory Inspector, Ranchi who submitted a report on 30.9.1995, according to which the cause of accident was found on account of mistake of the deceased and the Factory Inspector was fully satisfied that the pulleys, Chains, etc. used for the purpose were of sufficient strength and capable of many times more then registered weight of the tower vide Annexure-2, it is also submitted that there is no evidence for conspiracy and there is nothing specific to indicate as to what roll played by the petitioners. It is also requed that M/s. Jenson & Nicholeon (India) Ltd. gave a contract for air conditioning system to M/s Blue Star Co. Ltd. vide order dated 25.10.1994 and M/s Blue Star Co. Ltd. gave the work of erection and commissioning vide order dated 20.6.1995 to Md. Ishaque, a Sub-contractor and the said contractor on 13.6.1995 made necessary arrangements for lifting the cooling tower to be installed over the roof of the main building. After getting over the roof the said Md. Ishaque was giving instruction as how to bring the tower over the roof but suddenly Md. Safeer came in contact with the steel rope and the pole slipped and the cooling tower along with the steel chains, etc. started coming down bringing Md. Ishaque along with it and it was purely an accident due to mistake of Md. Safeer and there is nothing specific or any iota of evidence against the petitioner to connect them for the alleged offence and as such the impugned order is fit to be quashed.