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1985 Supreme(Raj) 443

K.S.LODHA
Deepak Khosla – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Applicant:D.S. Shishodia, Advocate.
For the Respondent: L.S. Udawat, P.P.

JUDGMENT

1. - The learned Munsif and Judicial Magistrage Rajnagar has taken cognizance of an offence Under Section 304A IPC against the present petitioner Deepak Khosla. Being aggrieved of this he has filed the present application Under Section 482 Cr. PC.

2. The facts of the case briefly stated are that the present petitioner is the owner of Marbles LT Upper Factory in village Pasund and deceased Nandlal was an employee of this factory. On 25-5-1982, the petitioner is alleged to have asked the deceased Nandlal to go over to the shed of the factory for its repairs. Nandal refused to climb the roof as there were live electric wires passing just about a few feet over the roof. However, the petitioner is alleged to have insisted upon his climbing the roof and it is also alleged that he threatened him that if he did not do so, he would not pay him his dues. Thereupon Nandlal climbed the roof but just after a little while he fell down from the roof and received injuries. Petitioner Deepak Khosla is alleged to have taken him in his car to Udaipur General Hospital and got him admitted there. However, Nandlal succumbed to his injuries on that very day. When he was declared dead the petition









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