B S GARUD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) M/s. Shriram Fertilizers & Chemicals, Kota gave a contract to M/s. Kota Refractories, Kota for repairing the boiler. At about 2. 30 p. m. on 19th February 1977, Iqbal Mohd. entered the boiler to repair refractories around the main hole, but he suddenly fell unconscious and could not even cry out. This was also noticed by the Contractor G. D. Patel, who- immediately instructed his workers to help Iqbal Mohd. Hira had put his head inside the main hole to pull out the unconscious worker Iqbal Mohd. but he himself became unconscious and was removed by another worker named Bhola Ram, but Bhola Ram also became unconscious when he put his head inside the main hole pull out the unconscious workers. Iqbal Mohd. was removed to the hospital where he was declared dead. After investigation the police registered a case under sec. 304-A, IPC against Shri B. S. Garud, Shri S. K. Agarwal,shri S. P. Jolly, Shri Harbinder Singh, Shri S. S. Bhargava and S. M. Sibbal. The accused-petitioners moved an application under sec. 258, Cr. P. C. before the learned trial Magistrate who rejected the same on 4th March, 1978. . The contention of the accused-petitioner is that there is absolutely no case against them and that taking the prosecution evidence at its best, no case under sec. 304-A, IPC is made out. Under such circumstances, it is contended that the prosecution of the present nature under sec. 304-A, IPC amounts to an abuse of the process of the Court and that this Court should invoke its inherent powers in quashing the proceedings which have been initiated against the accused-petitioners, in which there is no legal evidence against them. Two petitions under sec. 482, Cr. P. C, 1973 have been filed before this Court. S. B. Criminal Misc. Application No. 46 of 1978 is on behalf of Dr. B. S. Garud and Shri S. M. Sibbal, while the Criminal Misc. Application No. 48 of 1978, is on behalf of Shri S. B. Bhargava, Shri S. K. Agarwal, Shri S. P. Jolly and. Shri Harbinder Singh.

(2.) AS these two petitions arise out of the same incident and as the facts and points of law involved in the case are common, they are being disposed of by this single order.

(3.) IN rejoinder, it was contended on behalf of the accused-petitioners that the death must be the direct result of the actions of the accused persons. It was also contended that Iqbal Mohd. was not employed in the Shriram Chemical INdustries, Kota, but he was an employee of the contractor, M/s Kota Refractories, Kota, and condition No. 9 of the terms and conditions of the contract completely absolve the management of the Shriram Chemical INdustries, Kota.