NARESH GIRI Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court dismissing the criminal revision petition filed by the appellant.

(3.) Background facts in a nutshell are as follows: On 29.8.2004 bus bearing No. MPO 10588 was going from Ahrauli towards Kailaras. While it was near a railway crossing, an accident took place. A train hit the bus at the railway crossing. In the accident the bus which was being driven by the appellant was badly damaged and as a result of the accident several passengers got injured and two persons namely Bhagoli @ Bhagwati and Ankush died. First information report was lodged by Brijmohan Sharma, Constable. After completion of investigation charge sheet was filed. Charges were framed in relation to the offences punishable under Section 302 and alternatively under Sections 304, 325 and 323 of the Indian Penal Code, 1860 (in short the IPC). Questioning correctness of the charges framed, the revision petition was filed. It was the stand of the appellant that Section 302 IPC has no application to the facts of the case. The High Court did not accept the plea. It found no substance in the stand taken by the appellant that he had no intention to kill the passengers. High Court was of the view that on the basis of material available, charges were framed and the intention of the appellant has been gathered when the evidence is adduced.