D.K.SINHA, J. - (1.) This Cr. Revision is directed against the order dated 21.5.2007 passed by the Sessions Judge, Chaibasa whereby the petition filed on behalf of the petitioners under Section 227, Cr PC for their discharge was dismissed in Sessions Trial No. 93 of 2007 and charge was directed to be framed under Section 302/34, IPC.
(2.) THE prosecution story in short was that in course of cleaning of a well one Budhu Mahakud died on 29.5.2005 at village Nayagaon within Gua Police Station and it was alleged that the petitioners were responsible for that on account of the negligence as no arrangement was made for the safety of the deceased and he died of suffocation. Learned Counsel for the petitioners pointed out that initially the Gua police had registered a case of unnatural death vide U.D. Case No. 5 of 2005 on 29.5.2005 but after investigation the Investigating Officer submitted charge -sheet against the petitioners under Section 304/34, IPC.
(3.) THE petitioners preferred their petition under Sections 397 and 401, Cr PC after commitment before the Sessions Judge for their discharge on the grounds that the death of the deceased was accidental and for that the petitioners cannot be held criminally liable for the accidental death and the death was only on account of the negligence on the part of the deceased. Admittedly, the petitioners were not present at the place of occurrence when the work of cleaning of the well was going on and therefore, on ingredient for the offence under Section 304 either Part -I or Part -II is attracted against any of the petitioners for the culpabilities.;