FARUQ HUSSAIN & ORS Vs. M P STATE

JUDGEMENT

(1.) By this revision petition filed under S. 397 read with 401of the Cr.P.C. the petitioners are assailing the order of the trial Court in having framed charges against them in S.T. No.967/11 under S. 304 Part II, 338 and337 of the I.P.C. and S. 9B of the Indian Explosive Act 1884.

(2.) As per prosecution story on receiving an information on 6.10.11 that at a crackers' factory situated at Rau there has been an explosion. Police reached on the spot and found that 8 persons have been died and about 7 persons received injuries. The death occurred and the injuries caused by the fire in the crackers' factory. Consequently FIR was registered vide Crime No. 539/11. In the said case the petitioners were made as accused.

(3.) After completing the investigation, the police filed a challan under S. 304/308 of I.P.C. and S. 9B of the Indian Explosive Act 1884. During the course of investigation the police recorded the statement of eye witnesses who stated that due to negligent act of the petitioners a fire broke in the factory.