RAKESH KUMAR JAISWAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 28.9.1999, whereby application for discharge filed under Section 227 of the Cr.P.C by the petitioner was rejected by the learned Additional District-cum-Sessions Judge, Chaibasa.

(2.) The fact giving rise to this case are that the deceased, namely, Keshav Das, an unskilled labour was employed by this petitioner for cutting an iron structure which had been there at some height. While he was cutting it, he fell down from that neight sustaining injuries resulting into his death. On such allegation, F.I.R. was filed finder Sections 287, 114, 304 of the Indian Penal Code. After investigation, charge-sheet was submitted upon which cognizance of the offence under Section 304 Part-I of the Indian Penal Code was taken. Thereupon when the case was committed to the Court of Sessions, an application was filed under Section 227 of the Indian Penal Code, praying, therein to discharge the petitioner from the case as no offence whatsoever is made out under Section 304 Part I of the indian Penal code as in the face of the allegation made in the F.I.R., the petitioner cannot be said to have committed an offence of culpable homicide not amounting to murder, but the application for discharge was rejected by holding that an offence under Section 304 Part-I is made out.

(3.) Being aggrieved with that order, this application has been filed.