On May 11, 2011, a five-Judge Constitution Bench of the Supreme Court had given ruling on the curative petition filed by the CBI against the Court’s judgment in Keshub Mahindra v. State of Madhya Pradesh on 13 September 1996.The CBI’s plea was that in 1996, the Court had erroneously ignored material which would have made, prima facie, an offence chargeable under section 304 (Part II) IPC. But in 1996, the Court had quashed the charge under section 304 (Part II).Under section 304 (Part II) IPC, whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to 10 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.The accused in the Bhopal disaster criminal case were ultimately charged with section 304-A IPC, which deals with causing death by negligence, which could only result in maximum imprisonment for two years or with fine or with both.CBI’s argument in that case was that the judgment dated 13.9.1996 resulted in perpetuation… Read full this story
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