Bangalore District Court
State By Kp Agrahara P.S vs Ravichandra S/O Vm Shetty on 28 December, 2015
IN THE COURT OF THE V ADDL. C.M.M., BENGALURU CITY
Dated this the 28th day of December 2015.
PRESENT: Sri A. Somashekhara, B.A.L., LL.M.,
V Addl., C.M.M., Bengaluru City.
CC No.25374/2009
Complainant: State by KP Agrahara P.S., Bangalore.
(Rep.by Sr. APP, B'lore.)
V/S
Accused: Ravichandra S/o VM Shetty, 36 Yrs.,
R/a No.240/1-4, 2nd Main,
Thyagarajanagar, Bangalore.
(Rep. by Sri RGN, Adv.,)
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.25374/2009
2. Date of the commission of
the offence : 28.05.2009
3. The name of the complainant : Khader
4. Name of the accused persons
and his/her/their parentage
and residence : As stated above.
5. The offence complained off : U/s. 304A and 337 of IPC
are proved
6. The plea of the accused and : Pleaded not guilty and
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his examination denied the incriminating
evidence.
7. The final order : Acquitted.
8. The date of such order : 28.12.2015
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that the accused is the Proprietor of M/s.Raviragh
Industries(Agarbathi Factory) situated at No.10, 9th Cross, 5th
Main Road, KP Agrahara, Bettamma Circle, Bhuvaneshwarinagar
within the limits of KP Agrahara P.S., Bangalore, and CWs.1, 9, 13
to 18 and deceased Rajesh, Jeeth Singh @ Belsingh and
Mohammed Suheb @ Suheb and others are the workers of the
said factory. On 28.05.2009 at about 9.15 a.m. as per the
instructions of the accused to prepare the Agarbathi Powder
CWs.1, 9, 13 to 18 and deceased Rajesh, Jeeth Singh @ Belsingh
and Mohammed Suheb @ Suheb by setting fire to the kerosene
stove, kept the iron tava, put the chemical powder in the said
tava, at that time the fire touched to the said chemical powder,
fire covered the entire area, immediately, CWs.1, 9, 13, Rajesh
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and others, CW.14, 15, 16, 17, and 18 escaped from the said fire,
and CW.1, 9, 13, 14, 15, 16, 17 and 18 and Rajesh have met with
burn injuries. Further when they entered the said factory by
breaking the wall after controlling the fire with the help of CW.24,
deceased Mohammed Suheb @ Suheb and Jeeth Singh @
Belsingh, were died on the spot due to burnt, further deceased
Rajesh who admitted to the hospital for burnt injuries was also
died on 7.6.2009 at about 8.45 a.m. The said incident took place
due to the negligent act of the accused, as the accused failed to
take precautionary measures in the said factory even though the
accused knowing that the Chemicals. Explosives and Cent are
dangerous articles. Thus, the accused person has committed the
offences punishable U/s.304A and 337 IPC. Therefore, this
charge sheets.
2.After submission of this charge sheet, this court has taken
cognizance of the aforesaid offences against the aforesaid
accused person. The presence of accused was secured and he is
released on bail. Charge sheet copies have been furnished to the
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accused as per Sec. 207 of Cr.P.C., With no objection from their
counsel, this Court recorded plea of the accused. Accused pleaded
not guilty. In spite of opportunities provided since form 2009, the
prosecution fails to serve the summons, body warrant, etc., to
CWs.1 to 28. No grounds urged for reissue of SS or B/W.
Therefore, prosecution's evidence taken as closed. Statement of
the accused dispensed. Heard the arguments. Perused the case
papers. The prosecution fails to place evidence to believe that
the accused person has committed the offences on the aforesaid
date, time and place as alleged.
3. In view of the aforesaid discussion, this court proceed to
pass the following:-
ORDER
By acting under section 255(1) Cr.P.C. the aforesaid accused person is hereby acquitted of the offences punishable U/s.304A and 337 of IPC 5 CC No.25374/2009 His bail bond stands cancelled. Refund cash security amount of Rs.2,000/- to the accused after expiry of appeal period.
(Dictated to the Stenographer through computer, printout taken by him is verified, after corrections made by me and then pronounced by me in the Open Court on this the 28th day of December 2015).
(A. SOMASHEKHAR) V Addl., C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION NIL
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION NIL
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE: NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION: NIL (A. SOMASHEKHARA) V Addl., C.M.M., B'lore.
6CC No.25374/2009 28.12.2015 Case called. Accused pt./abt. State by Sr. APP Accused on bail Judgment Judgment pronounced in the open Court as under vide separate Judgement kept in the file.
By acting under section 255(1) Cr.P.C. the aforesaid accused person is hereby acquitted of the offences punishable U/s.304A and 337 of IPC His bail bond stands cancelled. Refund cash security amount of Rs.2,000/- to the accused after expiry of appeal period.
(A. SOMASHEKHARA) V Addl., C.M.M., B'lore.