THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.A.M.P.No.1740 of 2010 and CRIMINAL APPEAL No.510 of 2010 JUDGMENT: This appeal is directed against the judgment, dated 30.12.2008, rendered by the VI Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.595 of 1996, whereby the respondents herein-accused were acquitted of the offence punishable under Section 304-A of Indian Penal Code. The case of the prosecution, in brief, is as follows: - The de facto complainant gave a complaint to the Police stating that his nephew-Syed Alamdar Hussain along with his brother-Syed Baquar and Abrar Hussain went to Bhaskara Palace Hotel for summer coaching camp. The deceased-Alamdar Hussain after paying the requisite fee for swimming entered the swimming pool and died by drowning in the swimming pool. It is also stated that neither the coach nor the Health Club Manager was available when the deceased drowned in the swimming pool. On the basis of the said complaint, a case in Crime No.217 of 1994 was registered against the accused for the offence punishable under Section 304-A IPC, and that, during the course of investigation, the Police visited the scene of offence, conducted inquest panchanama over the dead body of the deceased, etc., and further, it was established that A-1 and A-2 shifted the dead body of the deceased without informing the Police, which amounts to disappearance of evidence as per Section 201 IPC. Hence, the charge sheet against the accused. During the course of trial, on behalf of the prosecution, P.Ws.1 to 16 were examined and Exs.P-1 to P-27 were marked. On behalf of defence, none was examined and no documentary evidence was marked. Heard learned Public Prosecutor appearing for the appellant-State. There is absolutely nothing on record to establish that the deceased was a member of the said Health Club maintained by the respondents. The registers maintained by the said Health Club shows the amounts collected towards coaching fee and the issuance of passes to the members of the Health Club including the learners. From the said record, it is clear that the deceased was not a member of the said Health Club, and in fact, there is no record showing that the deceased was admitted as a member of the said Health Club to learn swimming. When the material on record does not establish that the deceased was a member of the said Health Club, in my considered view, it cannot be said that on account of the negligence of the respondents only the deceased drowned in the swimming pool and died. All these aspects were taken into consideration by the trial Judge while holding that the respondents are not guilty of the offences for which they are tried. Accordingly, I see no merits in the Criminal Appeal and the same is liable to be rejected. In the result, the Criminal Appeal is rejected, at the stage of admission and Crl.A.M.P.No.1740 of 2010 seeking leave of this Court to present this Criminal Appeal is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 19th October 2010 dr