Shrikrushna Samadhan Rajas v. State of Maharashtra
2014-02-17
M.L.TAHALIYANI
body2014
DigiLaw.ai
Judgment 1. Heard. 2. ADMIT. Heard finally by consent of the parties. 3. The applicant feels aggrieved by the orders passed by the Special Judge under the Electricity Act rejecting the application of the applicant for discharge. The applicant and co-accused had made two separate applications at Exh.22 and 26 for discharging them of the charges for the offences punishable under Sections 304-A, 336 and 427 of the Indian Penal Code and also under Section 139 of the Electricity Act, 2003. The application of the applicant was at Exh.26. 4. A company by name Nujividu Cotton Corporation Company had purchased an agricultural land for installing Weighbridge on the said land. The Weighbridge was transported to the site in a truck, owned by deceased Saifullah @ Fouje Khan, bearing registration No.MH 31 M 7326. As the lorry, in which the Weighbridge was transported to the site, reached the site at about 2.00 a.m. The lorry was parked below high voltage tension electricity supply cable of Maharashtra State Electricity Distribution Company Limited (MSEDCL). The applicant was working as a Trainee Engineer with MSEDCL. The deceased was sleeping in the cabin of the lorry. He got up in the morning. When he tried to come out of the cabin he got electrocuted due to touch of High Voltage Cable to the Weighbridge. 5. The applicant and co-accused both were charged for the above stated offences. The applications of both the accused were rejected by the learned trial Judge. The co-accused moved this Court by filing Revision Application No.117 of 2012. The said revision application was allowed on 9th January, 2013 and co-accused, who was one of the Directors of the company viz. Nijuvidu Cotton Corporation Company, was discharged by this Court. The order of the Special Judge was set aside. 6. In this regard, it may be mentioned here that the Special Judge has passed a common order below the application of the applicant and the co-accused Mr. Ravindrakumar Rathi. This Court while deciding the application of the co-accused had come to a conclusion that the co-accused did not know that the driver would park the lorry below High Voltage Tension Electricity Supply Cable. The Court had also stated in its order that no instructions of any nature were issued to the deceased as to how and in what manner the lorry was to be parked.
The Court had also stated in its order that no instructions of any nature were issued to the deceased as to how and in what manner the lorry was to be parked. It was noted by the Court that it was the mistake of the deceased himself which led to his death. There is no iota of evidence to say that the applicant was either negligent or has committed any mischief. There is no evidence to establish the charge under Section 139 of the Electricity Act, 2003 also. 7. In view of the detailed order passed in Criminal Application No.117 of 2012 and the reasons stated herein above, I pass the following order. i. The order passed by the learned Special Judge below Exh.26 is set aside. ii. The applicant is discharged of the offences punishable under Sections 336, 427 and 304-A of the Indian Penal Code and Section 139 of the Electricity Act, 2003. iii. His Bail Bonds, if any, shall stand cancelled. The application, accordingly, stands disposed of.