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Bombay High Court

Suresh Sukumar Bargaleversus1 The State of Maharashtra Through Hadapsasar Police Station Pune

Decided
Disposal
Disposed Off

Holding

The applicant is not liable under Section 304 IPC and is discharged from that charge, but may be tried under Section 304‑A IPC.

Summary

The applicant, a senior engineer, was charged under Section 304 of the IPC for the death of a labourer when a construction slab collapsed. He argued that he was not present at the time of the collapse and that at most his negligence could attract Section 304‑A, not Section 304. The State contended that the applicant directed the slab casting and knew the risk, justifying the Section 304 charge. The High Court examined the statutory language of Section 304 and the factual record, concluding that the applicant lacked the knowledge or intention required for culpable homicide. Consequently, the Court partially allowed the revision, discharging the applicant from the Section 304 charge while permitting prosecution under Section 304‑A. The matter was ordered to be tried on the lesser charge.

Issues considered

  • Whether the facts constitute culpable homicide not amounting to murder under Section 304 IPC.
  • Whether the applicant should be discharged from the Section 304 charge and instead be charged under Section 304‑A IPC.
  • Whether the Additional Sessions Judge erred in rejecting the discharge application.

Legislation cited

Subjects

  • criminal law
  • culpable homicide
  • negligent homicide
  • Section 304 IPC
  • Section 304-A IPC
  • discharge application
  • revision jurisdiction
  • construction accident

Judgment

                                                                           6-REVN-89-2026 (CR).doc


      Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL REVISION APPLICATION NO. 89 OF 2026

                      Suresh Sukumar Bargale                                  ...Applicant/s
                      Versus
                      The State of Maharashtra Through Hadapsasar
                      Police Station Pune and anr.                            ...Respondent/s

                      _________________________________________________________________

                      Mr. Hrishikesh Ghorpade along with Mr. Siddharth N. Sutaria and Mr.
                      Anup Patil, Advocate for Applicant.
                      Mr. B. B. Kulkarni, APP for Respondent-State.
                      _________________________________________________________________

                                                           CORAM      :   SHIVKUMAR DIGE, J.
                                                           DATE       :   11th SEPTEMBER, 2026.
                      P.C. :

                      1.         The challenge in this revision application is to the impugned

                      order dated 20th January 2026 passed below Exhibit-26 by Additional

                      Sessions Judge-14, Pune, whereby the learned Judge rejected the

                      discharge application filed by the applicant.

                      2.         It is prosecution's case that the applicant was working as Senior

                      Engineer in the Execution Department of SJ Contractors Private Limited

                      and was supervising the construction of a canteen building for SEZ

                      Biotech Services at Manjari, Pune. On 3rd September 2019, under the

SHUBHADA              supervision of the applicant, an under-construction slab was cast.
SHANKAR
KADAM                 Thereafter, the said slab collapsed. It is alleged that due to the negligence
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.12
16:59:38 +0530
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Shubhada S Kadam


               of the applicant, the said slab was wrongly and excessively cast, and one

               labourer died due to the collapse of the slab. The applicant has been

               charged under Section 304 of the Indian Penal Code, 1860 (for short “the

               IPC”).

               3.         It is contention of learned counsel for the applicant that the

               applicant has been falsely implicated in this case. The statement of

               witnesses shows that after casting the slab, the deceased was inspecting

               the slab for cracks when the incident occurred. At the time of the incident

               the applicant was not present. At the most, the charge against the

               applicant could be under Section 304-A of the IPC. However, these facts

               were not considered by the learned Sessions Judge and has rejected the

               discharge application of the applicant, which is erroneous. Hence,

               requested to allow the application.

               4.         It is contention of learned APP that as per directions of the

               applicant, the said slab was cast. The applicant had knowledge that if the

               slab was not properly cast, it would cause harm to the labourers or any

               other person, hence, the applicant had knowledge about the incident.

               Learned Sessions Judge has passed a well-reasoned order and no

               interference is required in it, and requested to reject the application.

               5.         I have heard both learned counsel, perused the impugned order.

               Section 304 of the Indian Penal Code reads as under :

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                                                                        6-REVN-89-2026 (CR).doc


Shubhada S Kadam

                    304. Punishment for culpable homicide not amounting to murder.—
                    Whoever commits culpable homicide not amounting to murder, shall
                    be punished with imprisonment for life, or imprisonment of either
                    description for a term which may extend to ten years, and shall also
                    be liable to fine, if the act by which the death is caused is done with
                    the intention of causing death, or of causing such bodily injury as is
                    likely to cause death;

                    or with imprisonment of either description for a term which may
                    extend to ten years, or with fine, or with both, if the act is done with
                    the knowledge that it is likely to cause death, but without any
                    intention to cause death, or to cause such bodily injury as is likely to
                    cause death.

                            This Section deals with culpable homicide not amounting to

               murder. From the record and statements of witnesses, it appears that as

               per the instructions of the applicant, the slab was cast by the labourers.

               The statements of some labourers are recorded by the police. In the said

               statements, they have stated that after casting the slab, the incident

               occurred at 8:00 pm. They have further stated that the slab may have been

               cast more heavily on one side and due to that excess weight, it may have

               collapsed.

               6.           From the above, it cannot be said that the applicant had

               knowledge that such an incident would occur. At the most, the role of the

               applicant can be attributed to causing harm or death by a negligent act,

               which falls under Section 304-A of the IPC. It cannot be said that the

               applicant can be held guilty under Section 304 of the IPC. However, the

               applicant can be charged under Section 304-A of the IPC and tried

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Shubhada S Kadam


               accordingly, and his guilt shall be determined as per the evidence led by

               the prosecution.

               7.         In view of above, I pass following order:

                                       ORDER

                    a)    The application is partly allowed.

                    b)    The applicant is discharged from the charge under Section 304

                          (II) of the IPC.

                    c)    The applicant shall be charged under Section 304-A of the IPC.

                     d)   The matter be tried by the competent court.

                          The revision application is disposed of in above terms.



                                                             (SHIVKUMAR DIGE, J.)




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