Indian Kanoon - Search engine for Indian Law

It was submitted that the material must prima fade show that the alleged act of the accused was the direct result of rash and negligent act. In this connection we must observe that the material led by the prosecution to which we have made a detailed reference earlier prima facie shows that there were not only structural defects but even operational defects in the working of the plant on that fateful night which resulted into this grim tragedy. Consequently a prima facie case is made out for framing charges under Section 304-A against the concerned accused. If ultimately on the evidence led by the prosecution and even by the defence if at all they choose to led evidence in rebuttal, it is found that that act complained of was not the proximate and efficient cause of death and intervention of Other's negligence had taken place the accused may get acquittal after facing the full fledged trial. But that stage has yet hot come. It would, therefore, be premature at this stage to say as to what would be the ultimate result of the trial once the accused are made to face such a trial. But it cannot be said that on the material led by the prosecution at this stage even the case of culpable negligence of rashness is also not made out at least prima facie against the concerned accused and the trial should be nipped in the bud even for such a charge. Our attention was also invited by learned senior counsel for the appellants in support of their contention that the material on record does not prima facie make out a case for framing a charge under Section 304-A, IPG. The following observations of Hegde, J, speaking for a Bench of three learned Judges in the case of Suleman Rehiman Mulani & Ors. v. State of Maharashtra, [1968] 2 SCR 515, were pressed in service;