Omission to take action on a complaint of electric current passing through an iron wire in a hostel does not amount to a rash or negligent act under Section 304-A, IPC, unless it is the direct or proximate cause of death.

N.K.Sinha, J.

1. The petitioner is the Registrar of Lalit Narain Mithila University (hereinafter the University), Darbhanga. In this application under Section 482 of the Code of Criminal Procedure (hereinafter the Code) he seeks quashing of the order dated 2.8.1997 passed by the learned Chief Judicial Magistrate taking cognizance against him under Section 304-A of the Indian Penal Code in Lalit Narain Mithila University PS. Case No. 100 of 96 involving the death by electrocution of a girl student in a University hostel.

2. The application is being disposed of at the admission stage itself after hearing the learned Counsel for the parties and on perusal of the case diary. Only such of the facts need be stated as are necessary for appreciating the controversy raised which revolve round the question whether the Registrar of the University could be criminally prosecuted for the death by electrocution of an inmate of the hostel.

3. Both Sunita Kumari (informant) and her friend Archana Kumari (deceased) were students of the University and residing in Kamla hostel. On 15.7.1996 at about 11.30 a.m. the informant and her friends all inmates of the same hostel were sitting and reading magazines. Meanwhile the deceased sustained electric shock while spreading her clothes after taking bath on the iron wire meant for the said purpose and on her shouts the informant saw the deceased attached with the said wire. Thereafter one of them Sushma Kumari threw a danda on the wire and consequently the deceased got detached from the wire and fell down. The deceased was unconscious. She was first taken to a Doctor and thereafter to an Arogya Niketan and on their advice was removed to the Darbhanga Medical College and Hospital where she was declared dead. The fardbeyan giving the above description of the occurrence by Sunita Kumari was recorded on the very date of occurrence at about 1 p.m. in the hospital itself. The fardbeyan further alleged that the officials of the University were informed both verbally and in writing of the leakage of the electric current in the iron wire in the hostel but they paid no need to the same and the death had been caused on account of their negligence. The police after investigation charge-sheeted the petitioner and four others under Section 304-A, IPC.

4. Learned Counsel for the petitioner argued that even if the allegations made in the FIR are taken on their face value and in their entirety no offence under Section 304-A, IPC is disclosed against the petitioner. The contention is that the above allegations as also the materials collected by the police in course of police investigation do not disclose the presence of ingredients for such an offence alleged to have been committed by the petitioner. That the deceased was electrocuted while spreading her wet clothes on the iron rod through which electric current was passing is beyond dispute. What the petitioner denies is that it was the result of his rash and negligent act.

5. According to the FIR the contents of which have also been supported by witnesses in their statements recorded in course of police investigation, the fact that at times electric current used to pass through the iron wire meant for spreading clothes in the hostel and almirah, etc. had been brought to the notice of accused Mira Rani, Hostel Superintendent, both verbally and in writing. When the Hostel Superintendent did not pay any attention and observed that they (hostel inmates) were so delicate that they would die on account of receiving the current, the inmates of the hostel had brought this fact to the knowledge of the Dean Students Welfare Officer, who had given assurance that the work would be done. However, when this did not produce the desired result the hostel inmates had brought it to the knowledge of the kul sachiw (Registrar) both orally and in writing and the Registrar had told them that he could do something in the matter only after talking to the Hostel Superintendent and the