Intent and knowledge must be established to attract culpable homicide charges under S.304 IPC.

1. Rule. Rule is made returnable forthwith. By consent of learned Counsel present for the parties, matter is taken up for final disposal.

2. This application filed under S.528 of the Bhartiya Nagarik Suraksha Sanhita , 2023 seeks quashing of First Information Report No.477/2024 registered with Deoli Police Station, District Wardha for offence under S.304 read with S.34 of the Indian Penal Code , read with S.14 of the Child Labour (Prohibition and Regulation) Act , 1986 and S.92 of the Factories Act , 1948.

3. Non - applicant No.2 lodged first information report against 8 accused wherein, applicants are arrayed as accused nos. 1 to 7. They are working in a company namely SMW Ispat Pvt. Ltd. MIDC Deoli. Their designations are as follows :Applicant No.1 is Assistant Manager, Applicant No.2 is Chief Marketing Officer, Applicant No.3 is the Vice President (Corporate Affairs) / Plant Manager, Applicant No.4 is the Vice President (H.R. / Admn), Applicant No.5 is Plant Head, Applicant No.6 is Procurement Head and Applicant No.7 is Chief Executive Officer, in the Company. Accused No.8 is the contractor through whom the deceased was engaged in the company.

4. It is alleged in the first information report that nephew of non - applicant No.2 namely Roshan @ Hritik Kamdi, aged 17 years was working in the construction site of the Company, and while doing his duty he expired. Applicants and accused No.8 - contractor, were aware of the fact that the deceased was a minor and he had no physical capacity of doing heavy work, still accused with deliberate intention deployed the deceased on heavy work of construction of pillar and due to that heavy work, the minor expired.

5. Heard learned Counsel for applicants, learned A.P.P. for Non - applicant No.1 and learned Counsel for Non - applicant No.2. Perused the documents placed on record.

6. Perusal of first information report shows that that only allegation made against applicants is that though accused were knowing that deceased was a minor, and had no physical capacity of doing heavy work, still with deliberate intention he was deployed on heavy work of construction of pillars, due to which the minor has expired. As per inquest panchnama and contents in the postmortem report, the minor expired as he fell down due to giddiness. Applicants claim that he was engaged by accused No.8 - contractor and he expired due to sunstroke. There appears substance in the said contention. This contention is also not disputed by non - applicant No.2.

7. S.304 of the Indian Penal Code prescribes punishment for commission of offence of culpable homicide not amounting to murder. S.299 of the Indian Penal Code defines culpable homicide as "whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commit the offence of culpable homicide." Intention to cause death or knowledge that by such act he is likely to cause death are essential ingredients to attract S.299 of the Indian Penal Code . Therefore, mens rea is an essential ingredient for conviction under S.304 of the Indian Penal Code .

8. Even if the allegations made in the first information report are taken as it is, they do not make out any ingredients of S.299 of the Indian Penal Code against applicants. Admitted position on record is that the deceased was engaged by the Company through contractor - accused No.8. While he was engaged in the work of construction of pillar, he fell down due to giddiness and expired. In these facts applicants have not