In Brief
A building housing 160 residential flats in Ahmedabad collapsed during the 26 January 2001 earthquake (7.7 Richter scale), resulting in 98 deaths including the appellant's family members. The appellant challenged the trial court's decision to drop charges under Section 304 IPC (culpable homicide not amounting to murder) against the builder. The Supreme Court upheld the dismissal, holding that Section 304 requires proof that the accused possessed knowledge that their act was likely to cause death. Mere sub-standard construction during a natural disaster of exceptional magnitude, without evidence of such knowledge, cannot support culpable homicide charges. The appropriate charge remains Section 304A IPC (negligent act causing death), which was already framed.
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