DWARIKA PRASAD DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Section 397/401 of the Code of Criminal Procedure, 1973, petitioner herein has filed this criminal revision against the impugned order dated 19/05/2011 by which learned Additional Sessions Judge, Balod, District Durg framed charge for the offence punishable under Section 304 IPC.

(2.) The core facts required for judging the legality and correctness of the impugned order are as under:-

(3.) Mr. Awadh Tripathi, learned counsel appearing for the petitioner would submit that the Trial Court has committed manifest legal error in framing charge under Section 304 IPC. Elaborating his submission, he would further submit merely on the basis of alleged administration of injection to the deceased Lalita Bai by the petitioner, it cannot be held that petitioner administered the injection with knowledge that his said act, would cause death, as there was no intention to kill the deceased and there is no sufficient material to frame charges under Section 304 IPC is available on record.