P P CHANDNA Vs. STATE OF MP

JUDGEMENT

(1.) The petitioners have preferred this revision challenging the cognizance taken by the Court against them for the offences under Sections 284 and 429 of I.P.C. as accused by the Court in the case which had proceeded on a challan filed by the police alleging the commission of an offence under Section 429 I.P.C. only against accused Anand Bihari, wherein the petitioner No. 1 was made a prosecution witness. However, the learned Magistrate observed against the record that the challan was filed by police also under Section 284 of I.P.C. The learned Magistrate after compounding the offence against the sole accused Anand Behari for offence under Section 429 passed the impugned order at the stage of consideration of the framing of the charge against him under Section 284 of I.P.C.

(2.) According to the prosecution allegations there was poisonous water discharge from the plant of National Fertilizers Limited. Vijaypur, which was stored in a pond of the factory, containing ammonia and urea into a nullah and a bullock belonging to one Dhulia of village Ahmadapur died due to the drinking of water from the nullah. The report thereof was lodged by complainant Dhulia and the matter was investigated by police. The police recorded the statements of the complainant, Dulia and one Baljee, who was working with a Contractor, laying the cables, to suggest that the bullock had died after drinking the water.

(3.) The Police during investigation had also examined petitioner No.1 P.P. Chandna as a witness. The postmortem of the bullock was also done and the doctor opined that the death was due to consumption of such poisonous substance. Later on when the contents of the abdomen of the bullock were examined at Forensic Science Laboratory, Sagar, the presence of ammonia phosphate and chloride was found which had proved fatal. As such, the person having control on such water of, the factory named Anand Bihari was made accused by the police and the challan was filed against him only under Section 429 I.P.C. as stated above.