KAPILDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 6.5.2004 passed by the 3rd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 309 of 1995 arising out of Runi Saidpur P.S. Case No. 33/94 by which he has rejected the prayer of the petitioner to discharge him under the provisions of Section 227 of the Code and has decided to frame charge under Section 304 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that the informant was a private electrician. THE petitioner is a Junior Engineer of the Bihar State Electricity Board. He was posted at Belsand Block. On the date of occurrence, he met the informant and another persons and informed them that the fuse of the pole of Athari Depot had been blown off and requested them to repair. All the three persons then reached there. THE petitioner asked the informant to climb the pole to repair the fuse. He also informed that the electric line had been disconnected. THE informant climbed on the pole and the moment he touched the line for repairing, he was knocked down. He received burn injuries at several places. Ultimately, he died of those injuries.

(3.) THE impugned order shows that there is evidence that though the electric line had not been disconnected, the petitioner assured the deceased that the line had been disconnected and asked him to climb the pole and repair the fuse. THErefore, even if it is believed that the petitions had no knowledge that the line was actually not disconnected, he was junior Engineer of the locality and so, he should have verified whether the line was disconnected and should have taken precaution that the line is not connected while the work was going on. THErefore, negligence on the part of the petitioner leading to the death cannot be ruled out at this stage and it cannot be said that no offence is made out against the petitioner.