PRITHVIRAJ SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicant has filed this Criminal Revision under Sec. 438 read with Sec. 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the order dtd. 18/7/2024 (Annexure A/1) passed by the learned Additional Sessions Judge, Khairagarh, District Khairagarh Chuikhadan-Gandai, Chhattisgarh CG) in Sessions Trial No 3 of 224 by which the learned trial Court has framed charges against the applicant under Ss. 279 and 304 of IPC.

(2.) Brief facts as reflected from the record are that on 26/9/2023 complainant Puneshwar Sahu lodged a complaint before Police Station Khairagarh alleging that on 26/9/2023 at about 7.20 pm at village Karamtara when he was standing at Khairagarh - Jalbandha main road and was watching Ganesh festival, deceased Yash Kumar aged about 6 years was standing by his side and started to cross the road, then Innova car bearing registration No. CG-08-AN-9888 coming from Khairagarh, driven by the present applicant rashly and negligently dashed Yash Kumar due to which the child got stuck in the car and while he was stuck in the car, the applicant dragged the vehicle approximately 50 meter and thereafter the said vehicle was stopped at Sani Mandir at Khairagh and the driver who is present applicant was caught by the Police officers and thereafter the injured Yash Kumar Sahu was admitted in hospital wherein it was informed that the injured Yash Kumar Sahu succumbed to death. On the basis of report lodged by the complainant, Police Station, Khairagarh have registered the offfence under Ss. 279, 337 and 304 of IPC

(3.) After due investigation, charge sheet was submitted before learned Judicial Magistrate First Class, Khairagarh who committed the case to the Court of Additional Sessions Judge Khairagarh and the learned trial Court trial Court in Sessions Trial No 3 of 2024 vide impugned,order has framed the following charges.