Observing that no case is made out for culpable homicide not amounting to murder, the Bombay High Court today quashed proceedings under the section against two engineers who were held after 30 persons had died following collapse of a bridge, a decade ago, in the Union territory of Daman.
However, the court ruled that the accused would continue to face the trial under section 304 A IPC (causing death by negligence) which prescribes punishment upto two years.
Justice Abhay Thipsay was hearing petitions filed by Bhupendra Modi and Iswardutt Talekar challenging their prosecution under section 304 part two (culpable homicide not amounting to murder) IPC, which attracts ten years jail term.
Prosecutor Dhariyashil Nalawade conceded that section 304 part two IPC need not be invoked in this case, following which the court ruled that the duo would be tried under IPC for 'Causing death by negligence' and under 'Prevention of Damages to Public Property Act'.
The Court also made it clear that it had not examined "on merits" the aspect whether the petitioners were liable to be tried for the offence of causing death by negligence. It was open for the trial court to go into the issue and decide to try the accused for these offences, the Judge ruled.
The Judge observed that it was open for petitioners and other accused to raise contentions with the applicability of other offences to their case and the material against them.
Disposing of the petitions, Justice Thipsay ruled that the trial court would consider all such issues on merits and as per law.
The two engineers had moved the High Court urging for discharge and/or quashing charges including that of culpable homicide not amounting to murder.
