DAMODAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In Criminal case No. 704/87 pending in the Court of Civil Judge (Lower Division) and Judicial Magistrate, Hindaun-City, the petitioner and two other accused are facing trial and the case is still in the initial stage as only cognizance under Sec. 304-A and 285 Penal Code has been taken. The petitioner has filed the present petition under Sec. 482 Cr.PC, seeking for quashing the proceedings.

(2.) In order to appreciate the real controversy in the matter, some necessary facts may be stated, which are not much in dispute. One Surendra Singh son of Udai Bhan Singh died due to electrocution on June 15, 1986. Udaibhan Singh made a report of this fact to the S.H.O., Police Station, Hindaun. On this report, an inquiry under Sec. 174 Cr.PC commenced. Inquest report of the dead body was prepared and Site-Plan of the place of incident was also prepared in the morning of 16.6.86. Statements of the witnesses were recorded by the A.S.I. The site-plan and statements of the witnesses reveal that 11 KV electric line passes through the field of one Dlgambar Singh son of Parsadi Jat. The electric wires of the said line fell down on earth for any reason, which might be due to earth fault or sitting of some bird on the line. Surendra Singh died by touch with the alive electric wires lying on the ground. In the said inquiry, at the initial stage, one of the witnesses made any allegation in his statement that death of Surendra Singh was due to direct result of any rash or negligence on the part of the petitioner.

(3.) Thereafter, on 19.6.86, one Doongar Singh made a written complaint to the S.H.O. and Crime No. 250/86 was registered under Sec. 304-A and 285 Penal Code at the Police Station, Hindaun-City on June 22,1986. After registration of the case, the police further recorded statements of the witnesses under Sec. 161 Cr.PC. The statement of Doongar Singh was recorded by the police on 2.7.86 and he simply stated that he had earlier made an oral complaint to the Assistant Engineer that electric wire were loose. Some other witnesses also made similar statements that complaint was made to the Assistant Engineer for loose electric wires. The Investigating Agency also obtained-reports from RSEB Office of Asst. Engineer and Junior Engineer. From the statements of the witnesses and reports obtained from office of RSEB at Hindaun-City, it transpired that co-accused Ram Dayal was directly incharge to look-after the electric line. Ram Dayal is a co-accused in the case.