KRISHAN KUMAR MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision application is directed against the order dated 4-9-96 passed by the Additional Sessions Judge, Bhilwara in Criminal Case No. 10/93 framing charge under Section 306 of the Indian Penal Code against the applicant accused. The order is assailed on the ground that no case whatever is made out. Even if the entire record in relation to the prosecution, presentation of challan is believed to be true. The learned counsel appearing on behalf of the petitioner assailed the order as wholly without jurisdiction and suffering from non-application of mind to the facts as revealed by the record. He, therefore, prayed that the order dated 4-9-96, in so far as it frames charge against the applicant, is liable to be quashed.

(2.) Facts giving rise to this revision petition, stated briefly, are that the petitioner is a Factory Manager of a Co-operative Spinning Mill. Gangapur, District Bhilwara and was discharging his managerial duties in the year 1992 as also at the time when the incident giving rise to the present revision occurred.

(3.) On 11-11-92, a First Information Report came to be lodged by one Mohan Das that at about 7.00 PM one Panchanand alias Panchu Ram climbed a Neem Tree in the Factory field and fell down and is admitted to the hospital for futher treatment and thereafter, it was revealed that the man succumbed to the injuries caused to him by the fall.