VILAS BAJIRAO JADHAV Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-2-179
HIGH COURT OF BOMBAY
Decided on February 22,2021

Vilas Bajirao Jadhav Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

Sandeep K Shinde, J. - (1.)Aggrieved by the conviction under Section 304 Part-II of the Indian Penal Code, 1860 and sentence to undergo rigorous imprisonment for five years, accused in the Sessions Case No. 298 / 1990 has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.
(2.)Heard. learned Counsel for the Appellant and learned APP for State.
(3.)Prosecution case in brief is that;
Sunil @ Anil Chandan Shive (deceased) was working as a contract labour on the establishment of M/s Siemens Company. Balasaheb Bhosle was his immediate Supervisor. On 28th August, 1989, his accidental death, was reported; whereupon enquiry was held under Section 174 of Cr.P.C. In enquiry, inquest panchanama was drawn in presence of independent panchas, wherein no injury was noted on his person. Deceased, while working in the Company premises suddenly fell down and thus was taken to dispensary of the Company and thereafter removed to ESIS Hospital at Mulund, where on admission, he was declared dead. One Balasaheb Bhosle (Supervisor) had removed the deceased to the Hospital. Dr. (Mrs.) Sita - PW-7, Medical Officer attached to ESIS Hospital at Mulund, who had examined deceased on admission, testified that when deceased was brought in to the Hospital, a letter was forwarded by Company stating that Sunil Chandan Shive (deceased) had suffered giddiness and after vomiting, he fell down. Admittedly, this letter has not been brought on record by the Investigating Officer.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.