M SHAFI GOROO Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 16.12.1998 passed by the Metropolitan Magistrate, Delhi directing framing the charge under Section 304-A, Indian Penal Code against the petitioner.

(2.) Briefly stated, the prosecution case is that on 26.4.1996, while playing Golf at the Army Golf Course, the petitioner played a stroke in a rash and negligent manner, causing the fatal injury on right pariet-temporal region of his caddie, namely, Amit James. Immediately thereafter, Amit James was removed to Safdar Jung Hospital. On 2.5.1996, the deceased succumbed to the said injury in the hospital. On 27.4.1996, deceased's father Soloman Jamesh lodged the FIR at the P.S. Delhi Cantt. regarding the alleged incident. Investigation pursuant thereto culminated in submission of a charge sheet under Section 304-A Indian Penal Code against the petitioner. By the order dated 16.12.1998, the learned Magistrate explained particulars of the offecse to the petitioner in the form of a charge under Section 304-A Indian Penal Code Aggrieved thereby, the petitioner has come up in revision before this Court.

(3.) Learned counsel for the petitioner has strenuously urged that the impugned order has not only resulted in manifest injustice meted out to the petitioner but the same is patently illegal, improper and unjustified. It is worth-mentioning that the facts relevant to this particular case are hardly in dispute. Negligence in this case consists of two factors (a) playing the stroke with considerable velocity and (b) failure to exercise reasonable care to ensure that the deceased caddie was not exposed to any danger. What constitutes negligence has been analysed on Halsbury's Laws of England (4th Edition) Volume 34 Paragraph I (page 3), as follows: