ORDER :

V. Srishananda, J.

1. Accused No. 1 in CC No. 5718/2003 is in revision challenging the order passed by the learned JMFC, III Court, Mangaluru by judgment dated 27.1.2006 whereby the Revision Petitioner - first accused was convicted for the offence punishable under Section 304-A of IPC, and ordered to undergo simple imprisonment for six months and to pay fine of Rs. 2,000/- with a default sentence of simple imprisonment for one month and further ordered to pay Rs. 3,000/- as compensation to the legal representatives of the deceased which was confirmed in Criminal Appeal No. 86/2006 on the file of the IV Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.

2. The parties are referred to as accused and prosecution as per their original ranking for the sake of convenience.

3. The germane facts of the case unfold as under:-

The Revision Petitioner is the owner of Manjunatha Re-trading Rubber Industries [hereinafter referred to as the 'Establishment'] situated at Kaikamba of Kulashekara village, Mangaluru. In respect of an incident that occurred on 11.3.2003 at about 3.00 p.m., the tank fixed to the boiler to flow water kept in the said industry was exploded all of a sudden