R.L.Anand, J.

1. This is a criminal revision and has been directed against the order dated 26.8.1997 passed by the Court of Additional Sessions Judge, Rohtak, who dismissed the application of the present two petitioners S/Shri Sanjay Kumar alias Sanjeev and Sanjeev Madan for discharging them in case F.I.R. No. 266 dated 4.5.1996 under Sections 420 and 304-A read with Section 34 I.P.C. registered in Police Station City Rohtak. Rather the learned Additional Sessions Judge, Rohtak decided to frame charge under Section 304 read with Section 34 I.P.C. and Section 419 read with Section 34 I.P.C. against the petitioners.

2. Few facts are necessary before I discuss the rival contentions of the parties with the help of the case law. The present two petitioners were arrested by the police of Police Station City Rohtak for causing the death of one Narain Kumar, a young boy of 19 years, on the allegations that they administered a wrong medicine on 3.5.1996 to Shri Narain Kumar, as a result of which he died on 4.5.1996 at about 3.30 A.M. The complaint was made by the father of the deceased Shri Prem Chand on 4.5.1996 alleging that his son Narain Kumar was having pain in his stomach for