MOHAMMAD NAZIR Vs. KAIZAD GUSTAD

JUDGEMENT

(1.) This revision petition is preferred by the aggrieved party i.e. the parents of the deceased against the order dated 14/1/2009 passed by Additional Sessions Judge, Mumbai discharging the accused from the charges of offence punishable under Section 304 Part II of the Indian Penal Code.

(2.) The victim Nadiya Khan was working as an Assistant Director with the accused where he was shooting one film. Some Scenes on the railway tracks were to be shot, so accused who was the director of the film had sought the necessary permission of the railway authorities. The railway authority had given him permission to shoot on dead track i.e. Track No. 1 near Mahalaxmi Railway Station. The accused did not restrict himself to track No. 1 but went on track Nos. 4,5 & 6 which were live tracks from which the local trains were running with high frequency. At the time of preparation of the rehearsal the accused was giving instructions on walkie talkie to his Assistant Directors including the deceased and he asked them to take position at track Nos. 5 and 6. While this, the deceased was knocked down by the local train. The accused and other staff noticed that the deceased was lying injured on the track. They realised that mishap had taken place. The accused gave incorrect information about the occurrence of the incident on the road instead of railway track. However,in the investigation the police revealed the true facts and they filed chargesheet against the accused for the offence punishable under Section 304(A) ,182, 201 r/w Section 34 of the Indian Penal Code.

(3.) The trial begun before the learned Judicial Magistrate, F.C.. Till today the prosecution has examined 67 witnesses. After recording the evidence of these witnesses the learned Magistrate arrived at conclusion that there is material to invoke Section 304 part II of the Indian Penal Code . Section 304 part II is grave offence and triable by the Court of Sessions. So the learned Magistrate at that stage committed the case to the Court of Sessions. When the matter came up before the Learned Sessions Judge, application under Section 227 of the Code of Criminal Procedure for discharge from the charge of Section 304 part II of the Indian Penal Code was moved by the accused. The learned Sessions Judge allowed the said application. Being aggrieved with the said order the parents of the deceased have filed this revision application before this Court