VIJAY KUMAR VYAS,J. - (1.) By this writ petition, the petitioner has assailed judgment dated 21.05.2002 passed by Additional Chief Judicial Magistrate No.1, Behror (Alwar) in regular Criminal Case No.129/2001, whereby private respondent Om Prakash has been acquitted from charges of offences punishable under Sections 337 and 304-A IPC.
(2.) In brief, facts of the case are that petitioner Vijay Singh (PW-2) submitted a written report (Exhibit P-5) on 30.10.1997 to the SHO Police Station, Behror stating inter alia that a 10 days camp of NSS commenced form 13.10.1997 at Government Senior Secondary School, Behror. Respondent Om Prakash Sharma, Lecturer and Pratap Naraian Sharma, Lecturer were in-charge and assistant in-charge respectively of the camp. They used to visit the camp only for sometime during the day. Headmaster Hari Ram Mahawar also used to visit the camp for a very short period. Respondent Om Prakash had made an arrangement of electricity by laying down naked electricity wires from a nearby well to the place of camp. The complainant tried to stop him from doing this thing but he neglectfully made this arrangement. On 19.10.1997 there was a heavy rain and thunderstorm due to which the naked wire of electricity got fell down on earth at about 3.00 p.m. His younger brother was going to market by a cycle, in the way, his brother got entangled into the naked wire, lying on earth got electrocuted and died. When neighbour Mamchand Yadav (PW-4) came to rescue him he also got injured by the current of the electricity. At this information, formal FIR No.474/1997 (Ex-P6) was registered. After due investigation, a charge-sheet was preferred against respondent Om Prakash and another person Hari Ram. As per charge-sheet, prior to lodging of the present FIR, an inquest report under Section 174 Cr.P.C., 1973 was registered and inquiry was initiated since the day of the incident i.e. 19.10.1997, however, the FIR was registered only on 30.10.1997. Proceedings against another person Hari Ram were quashed in compliance of order dated 25.08.1999 passed by a co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Petition No.1378/1998.
(3.) Learned Trial Court read over and explained charges of offence punishable under Section 337 and 304-A IPC to the respondent Om Prakash. On his denial, prosecution examined 10 witnesses and exhibited seven documents. Respondent Om Prakash was examined under Section 313 Cr.P.C., 1973 He stated that the evidence adduced by the prosecution are wrong, he was holding camp by order of the State Government. Accident occurred with regard to electrocution, has no relation with the NSS camp. Deceased Bhagirth and Mamchand have falsely implicated him just to raise false claim for compensation. In the defence, three witnesses were examined and six documents exhibited. Learned Trial Court after hearing the arguments passed the impugned judgment, whereby, observing that there is unexplained delay in lodging FIR, material contradictions in the statements rendered by the witnesses and infirmities in investigation, deemed it fit to extend the benefit of doubt to the respondent and acquitted him from all charges.;