Penal Code, 1860–Secs. 304 Pt. II/34 [Corresponding Sec. 105 of BNS, 2023]–Prayer for discharge–Declined to accept–Justification–Two deceased- employees of appellant no. 1 were undertaking the work of decoration of the front side of the shop–As per of the said work, they were working on the sign board which was approximately at a hight of 12 feet from the ground level–While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuires leading to their death–It was purely accidental–On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence u/s. 304A–Trial Court only considered the culpability of the appellants qua Sec. 304 Pt. II as the committing Magistrate had committed the case to the Court of Sessions, confirming the allegations against the appellants to Sec. 304, Pt. II and not Sec. 304A–Discharge application of the appellants deserves to be allowed.
