STATE OF MAHARASHTRA Vs. DHANANJAY LAXMANRAO BHAGAT

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 30.01.2009 passed by learned Judicial Magistrate, First Class (Court No. 8) Akola in S.C. Case No. 8068/2006 whereby the respondents accused were acquitted of offence punishable under Section 304A of the Indian Penal Code.

(2.) Briefly stated facts are : An Advocate Shri Harshnandan Chandikaprasad Mishra R/o Tapadia Nagar, Akola had lodged a report dated 29.5.2006 being FIR No. 94/2006 at Ramdaspeth Police Station, Akola against respondents/accused alleging that they were employed at Swimming Pool Club of 'Ajinkya Taran Talao' at Vasant Desai Stadium, Akola. Accused-Dhananjay Bhagat was Director and accused Pravin Sulokar was the main Instructor; while accused Tadvi was the Lifeguard. Further, according to complainant, his son Nikhil had been admitted so as to learn swimming on payment of fees of Rs. 420/from 2.5.2006. On 11.5.2006 his son was drowned at about evening. He was taken to Hospital but was declared dead by Doctors at O.P.D. of Main Hospital, Akola. The report alleged, inter alia, rashnesss and negligence on the part of respondents/accused to cause death of Nikhil. Thus, offence punishable under Section 304A of the IPC came to be registered against the accused and they were charge-sheeted upon completion of investigation.

(3.) Charge was framed against the accused on 30.4.2007 at Exh. 6 . The accused pleaded not guilty and claimed to be tried.