PRADEEP KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in Sessions Case No. 161/2005 pending on the file of the learned Presiding Officer (Sessions Judge), FTC-VI, Bangalore City has filed the present petition under Section 482, Cr. P. C. seeking quashing of the entire proceedings in the said case wherein he is charge sheeted by the police of Basaveshwarnagar P. S., Bangalore City for the offence under Section 304 Part II of IPC.

(2.) Stated in brief the case of the prosecution as alleged in the charge-sheet submitted by the said police is as under :

(3.) Sri H. S. Chandramouli, the learned Counsel for the petitioner-accused, strongly contended that even if the above case of prosecution, as alleged in the charge-sheet and supported by the entire material collected by the Investigating Officer during the investigation of the case is taken at its face value without subjecting any of the charge-sheet witnesses to cross-examination on behalf of the accused, it does not constitute either an offence under Section 304-11 of IPC or any other offence punishable under any of the provisions of the Indian Penal Code and therefore, all further proceedings in the said Sessions Case deserve to be quashed. He further contended that the above case of the prosecution as stated in the charge-sheet and also the statements of charge-sheet witnesses do not disclose commission of any act by the accused causing 'inhalation of carbon monoxide' which resulted in the death of the deceased. While contending so he further contended that since no act could be said to have been committed by the petitioner-accused, the ingredients of the offence under Section 304-Part II IPC are not attracted and, therefore, no charge could be framed against the petitioner either for the said offence or for any other offence under IPC or any other law.