Liability under S.304-A IPC applies for negligent acts causing death, not culpable homicide.

1. By way of this criminal revision under S.397 read with S.401 of CrPC, applicants seeking for setting aside the impugned order of framing charges dated 16-12-2021 passed by Second Additional Sessions Judge, Sabalgarh, District Morena passed in Sessions Trial No. 396 of 2021 whereby, charges have been framed against the applicants for commission of offence under S.323/34, 304 Part - I / 34, 506 Part - II of IPC.

2. Necessary facts for disposal of present revision in short are that on 30 - 09-2021 complainant Jagdish Prasad Gupta, the father of deceased Sakshi Gupta lodged a written complaint with police station Sabalgarh alleging therein that he is the owner of medical shop named ''Girraj Medical Store''. On 30-09 - 2021 in between 09:00-10:00 a.m., accused Raj alias Raju Bansal (herein applicant No.1) son of Pooranlal owner of Rajeshwari Misthan Bandar along with his father Pooranlal Bansal ( herein applicant No.2) and his friend Zakir Hussain (herein applicant No.3) came to his shop and quarrelled with him. A dispute arose between them due to throwing of garbage in the lane (Gali) of his house. The complainant thereafter requested them to clean the garbage.

3. Afterwards, all of them started assaulting him. Meanwhile, his daughter, Sakshi Gupta, aged about 22 years, came the spot and tried to intervene. After catching hold of her daughter, the applicants - accused pulled her on the floor of his medical shop due to which, she died. She was brought to hospital where the doctor declared her dead. On the basis of such complaint, Crime No. 601 of 2021 for offence under S.323, S.304, S.506, S.34 of IPC was registered. Panchnama of dead body of deceased was prepared and it was sent for postmortem. As per postmortem report, the cause of death of deceased was due to shock. Heat was sent for confirmation of cardiac distress i.e. histo - pathological examination and viscera was sent for chemical analysis. No external and internal injury was seen all over the body of deceased. Duration of death is within 24 hours. As per histo - pathological report of GR Medical College and J.A. Group of Hospitals, Gwalior, the cause of death of deceased was due to heart failure and cause of death could not be discerned specimen only. The applicants were arrested. After completion of investigation and other formalities, charge sheet was filed against applicants. Vide impugned order dated 16-12-2021, charges under S.323/34, 304 Part - I read with S.34 of IPC and S.506 Part - II of IPC were framed by the Court below.

4. Being dissatisfied, this revision has been filed at the instance of the applicants. During the course of arguments, it is submitted by learned counsel for the applicants that if all the allegations levelled in the compliant as well as charge sheet are taken to be true, then no offence is also made out against the applicants for commission of offence under S.304 Part - I of IPC. It is further contended that as per definition of culpable homicide given in S.299 of IPC, 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, commits offence of culpable homicide. In the present case, there was no intention of the applicants for causing death of death. Neither they have caused such bodily injury as is likely to cause death of deceased nor with the knowledge they are likely by such act to cause death of the deceased, therefore, they are not liable to be punished for offence of culpable homicide. It is further submitted that to bring home the offence under the purview of S.304 Part - I of IPC, there has to be an intention and knowledge so as to cau