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Supreme Court of India · 06/03/2025

YUVRAJ LAXMILAL KANTHER & ANR. versus STATE OF MAHARASHTRA

[2025] 3 S.C.R. 502 · 2025 INSC 338

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Summary

Two employees of an interior-decoration contractor were electrocuted and died while working on a shop sign board from an iron ladder; the contractor and the shop's store manager were charged under Section 304 Part II read with Section 34 IPC for not providing safety equipment, and their discharge applications were rejected by the trial court and the Bombay High Court. The Supreme Court held that even taking the allegations as correct there was neither intention nor knowledge that the act was likely to cause death, so no prima facie case of culpable homicide (or even of Section 304A) was made out, and discharged the appellants.

Issues

  1. Whether, taking the prosecution allegations as correct, a prima facie case under Section 304 Part II IPC was made out against the contractor and store manager for the accidental electrocution of two workers who had not been provided safety equipment.
  2. What the court must consider at the stage of a discharge application under Section 227 CrPC.
  3. Whether the decision in Keshub Mahindra v. State of M.P. (Bhopal gas tragedy) supported continuation of the prosecution.

Provisions considered

Held

Result

Appeal allowed; the order of the Additional Sessions Judge, Pune dated 01.04.2017 and the High Court's judgment dated 02.11.2017 set aside and quashed; the discharge applications (Exhibits 6 and 10) allowed and the appellants discharged from Sessions Case No. 749 of 2014.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 502.