O.N. KAUL Vs. STATE

JUDGEMENT

(1.) Aggrieved by impugned order directing framing of charges under Section 304-A of IPC and the charge framed against petitioner on 26th September, 2003 in FIR No. 379/1998 registered at Police Station IGI Airport, New Delhi, this revision petition is preferred by petitioner accused on the ground that none of ingredients of Section 304-A of IPC are satisfied warranting framing of charge of criminal negligence against petitioner accused.

(2.) Factual background of this case as noted in the impugned order of 26th September, 2003 (Annexure P-2) is as under:-

(3.) Trial court in the impugned order (Annexure P-2) has accepted the stand of respondent State that criminal omission of petitioner not ensuring medical assistance to its passenger Sharvan Ram who had not boarded the flight of Air France due to ill health and had ultimately suffered a severe heart attack after 11 hours would satisfy the ingredient of being criminally negligent, and has called upon the petitioner - accused to face the trial for the offence of criminal negligence.