NARENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) e instant Criminal Revision No. 1016 is against the order of the Special Judge, S.C./S.T. (Prevention of Atrocities cases), Udaipur passed on 26-10-2002 in Sessions Case No. 59/2000. By the impugned order, the learned trial Judge had ordered to frame charges against the accused persons under Ss. 285, 286, 304 of the Indian Penal Code.

(2.) The facts of the case are that the Station House Officer, Surajpole, Udaipur got a Parcha Bayan recorded on 20-11-1999 that Macsen Laboratories situated at Tekri, Udaipur has caught fire. Before he reached the said laboratory, the fire had already been extinguished. He found the body of a burnt person in a room of the said laboratory. The said labourer was working at Distillator machine. The deceased Naval Ram Gameti and Lalooram had put the Toluene oil in the machine and there were toluene fumes which are inflammable. The labourer went inside the room to make the switch off the machine and died inside the room. As per site report, the labourers were not provided with safety shoes or gloves and no fire extinguishers were found. Police registered a case under Ss. 285, 304-A, I.P.C. and also registered another case for the same incident under S. 336 of the Indian Penal Code and under Ss. 36, 38, 43, 44 and 92 of the Factories Act. The learned trial Judge after hearing the prosecution and the accused passed the impugned order and frame charges against the accused-petitioners under Ss. 269, 285, 286 and 304 of the Indian Penal Code.

(3.) It was argued by the learned counsel for the petitioner that no case for framing charge under S. 304 of the Indian Penal Code is made out against the petitioners as there is no evidence as to the intention or knowledge on the part of the accused-petitioners to cause homicide.