STATE OF RAJASTHAN Vs. PREM CHAND & KANHAIYALAL

JUDGEMENT

(1.) The learned Additional Sessions Judge, Sirohi only framed a charge under S, 284, Penal Code against the two accused-respondents, though the Police had filed a charge sheet also under 328 IPC. and the case has been committed to the Court of learned Additional Sessions Judge, Sirohi. The State feeling aggrieved against the order refusing to frame a charge under S. 328, Penal Code has preferred this revision, and it arises in the following circumstances.

(2.) Shri Hari Singh, Sub-Inspector, Abu Road, while he was at Railway Hospital, Abu Road, received an information from the D. M. O. that one Pyarelal had been admitted In the hospital in a serious condition. Harisingh reached the hospital and recorded the statement of Pyarelal, who gave out that he and Farnandis had purchased French Polish (Methia), which is a methyl alcohol, from the accused-respondent Premchand, and at the instance of Premchand it was Kanhaiyalal, who brought out the bottle from inside the shop and handed it over to them. After having consumed 'Methia' allegedly purchased from Premchand, his (Pyarelal's) condition became serious. A case No. 73/78 was registered at P. S. Abu Road, District Sirohi, and investigation was set in motion. The urine blood and gastic of Albert Farnandis and of Pyarelal were taken by the doctor and were sent for chemical examination. On chemical examination, vide report No. 859/CEPE dated 29-9-78, the Chemical Examiner found that the contents of all the five articles were positive for alcohol, but negative for methyl alcohol.

(3.) The learned Additional Sessions Judge, Sirohi holding that it was a negligent conduct of the accused-respondents that methyl-alcohol, which is a poison was sold for human consumption, and was done in a manner as to endanger human life, framed a charge u/s 284, IPC, but refused to frame a charge u/s 328, IPC,