JHALADEO SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. S. Dayal, learned counsel appearing on behalf of the petitioner as well as learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 18.10.2001 passed by the learned Fourth Additional Sessions Judge, Hazaribagh in Criminal Appeal No. 53 of 1997 whereby and whereunder the judgment and order of conviction and sentence dated 28.02.1997 passed by the learned Judicial Magistrate 1st class, Hazaribagh in G. R. No. 1453 of 1994 convicting the petitioner for the offence under Section 287 and sentencing him to undergo R.I. for 6 months has been affirmed.

(3.) The prosecution story in brief is that in the night intervening 23/24 July, 1994, one Baleshwar Karmali an unskilled labour under the contractor M/s. Anup Construction , P.T.P.S., Patratu received burn injury due to electric flash while working in 6.6 KV switchgear and has subsequently died in course of treatment in RMCH, Ranchi. The petitioner at the time of the incident was an Assistant Engineer at PTPS, Patratu. In view of the aforesaid allegations, G. R. No. 1453 of 1994 was instituted. Investigation resulted in submission of chargesheet and after cognizance was taken, the case was transferred to the court of learned Judicial Magistrate 1st class, Hazaribagh, wherein after framing of charge trial proceeded. In course of trial since the prosecution has been able to prove its case beyond all reasonable doubt, the petitioner has been convicted under Section 287 of I.P.C. and was sentenced to undergo R.I. for 6 months vide judgment dated 28.02.1997. The petitioner preferred an appeal being Criminal Appeal No. 53 of 1997 which was dismissed on 18.10.2001 by the learned Fourth Additional Sessions Judge, Hazaribagh.