ORDER
G.S. Sarraf, J.
1. This criminal revision petition is directed against the order dated 7-3-2003 passed by Additional District and Sessions Judge No. 2, Kishangarhbas, district Alwar whereby the respondents Nos. 1 and 2 were discharged from the offences under Sections 304, 201 IPC, but a charge under Section 304-A, IPC was ordered to be framed against the respondent No. 1 Ramji Lal and the case was transferred to trial to the Court of Additional Chief Judicial Magistrate. Kishangarhbas, Alwar under Section 228, Cr. P.C.
2. Brief facts of the case necessary for the purpose of disposal of this revision petition are that the petitioner lodged a written report at the police station Mundawar district Alwar on 29-8-2002 that his father Sultan Singh went to the well on 28-2-2002 and when he was sleeping there he died out of electric shock and that the respondents Nos. 1 & 2 threw the body of Sultan Singh near the road. According to the post-mortem report of the deceased Sultan Singh the cause of death was sudden cardio respiratory arrest due to electric current which was antemortem in nature. During investigation it was found that the respondent No. 1 Ramjilal had taken a temporary clandestine connection in his house by laying a naked wire with the main electric wire and that wire loosened and when the deceased Sultan Singh came in contact with it he died out of electric shock. Thereafter the respondents Nos. 1 & 2 removed the body of the deceased from the place of occurrence and threw it near the road.
3. Learned Counsel for the petitioner contends that though the respondent Ramjilal had no intention to cause the death of the deceased Sultan Singh but his act was done with the knowledge that it was likely to cause death and therefore a charge under Section 304, IPC should have been framed against the respondent No. 1 Ramjilal. He further contends that there is evidence on record to show that the respondents Nos. 1 & 2 removed the body of the deceased from the place of occurrence and threw it near the road and, therefore, a charge under Section 201, IPC should also have been framed against the respondents Nos. 1 & 2. Learned Counsel for the respondents Nos. 1 & 2 argues that the alleged act of the respondent No. 1 can at best be said to be negligent one and therefore a charge under Section 304-A, IPC has been rightly framed against him. She also contends that there is no evidence against the respondent No. 2 and therefore she has rightly been discharged from the offences under Sections 304, 201, IPC
4. The case of the prosecution is that the death of the deceased Sultan Singh occurred on account of the electricity stealthily taken by a naked wire from the main line and therefore the respondent No. 1 could prima facie be aware of the fact that a human being might come into contact with the wire and meet with death. There is thus a direct and distinct connection between the act of the respondent No. 1 and the death of the deceased Sultan Singh. If the act attributed to the respondent No. 1 is proved then it would follow that he had the knowledge that he was likely by his act to cause death. This is a case where knowledge is involved and not the intention. Therefore, prima facie, the acts of the respondent No. 1 would amount to an offence punishable under Section 304, IPC.
5. As regards the offence under Section 201,I.P.C. there is evidence on the record to prima facie establish that the body of the deceased was taken by the respondents Nos. 1 and 2 from the place of occurrence and it was thrown near the road. Therefore, there are sufficient grounds to proceed against the respondents Nos. 1 and 2 under Section 201, I.P.C. It is made clear that the trial Court shall not be influenced by any observation ‘made or opinion expressed by me while deciding the case on merits. In the result the revision petition is allowed, the impugned order is set aside and the Additional District and Sessions Judge No. 2, Kishangarhbas district Alwar is directed to frame charges against the respondents Nos. 1 and 2 as stated hereinabove and proceed further in accordance with law. Record of the case be sent back to the trial Court immediately.