Yuvraj Laxmilal Kanther VS State Of Maharashtra
(A) Criminal P.C. (2 of 1974) , S.227— Penal Code (45 of 1860) , S.304A, S.304 Part II— Discharge – Prima facie case – During interior decoration work of shop, while working on sign board, two persons were struck by electricity as result of which they got electrocuted and fell down resulting in multiple injuries leading to their death – It was alleged that accused had failed to provide any safety equipment to deceased – There was no intention or knowledge on part of accused persons to cause death or cause such bodily injury as was likely to cause death – Death was accidental – No prima facie case made out for committing offence either under S.304A IPC, or under S.304 Part II IPC – In any case, committing Magistrate had committed case confining allegations to S.304 Part II IPC – Accused persons were discharged.
Criminal Revision Application No. 269 of 2017, Dt/- 02.11.2017 (Bom)-ReversedAIROnline 1996 SC 261-Distinguished(Paras1417.3)
(B) Criminal P.C. (2 of 1974) , S.227— Discharge of accused – Scope of – Explained.
Section 227 CrPC deals with discharge. What Section 227 CrPC contemplates is that if upon consideration of the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is no sufficient grounds for proceeding against the accused, he shall discharge the accused and record his reasons for doing so. At the stage of consideration of discharge, the court is not required to undertake a threadbare analysis of the materials gathered by the prosecution. All that is required to be seen at this stage is that there are sufficient grounds to proceed against the accused. In other words, the materials should be sufficient to enable the court to initiate a criminal trial against the accused. It may be so that at the end of the trial, the accused may still be acquitted. At the stage of discharge, court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against the accused. By its very nature, a discharge is at a higher pedestal than an acquittal. Acquittal is at the end of the trial process, may be for a technicality or on benefit of doubt or the prosecution could not prove the charge against the accused; but when an accused is discharged, it means that there are no materials to justify launch of a criminal trial against the accused. Once he is discharged, he is no longer an accused.
