PADMAN SINGH DIWAAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this criminal revision is to the order dtd. 5/9/2023 whereby learned Additional Sessions Judge (FTC) Rajnandgaon has framed charges under Ss. 304, 427 of the Indian Penal Code and Sec. 146/196 of the Motor Vehicles Act, 1988 against accused/applicant.

(2.) Facts of the case, in brief, are that complainant lodged written report in concerned police station mentioning that on 23/5/2022 his son namely Yash Chouthwani was returning home from his Activa vehicle bearing registration number CG04-HK-4924 and at about 12:15 p.m., when he reached near Agrawal Petrol Pump, at that time, accused/applicant driving Bolero vehicle bearing registration mark CG09-5161, rashly and negligently in high speed, dashed Activa vehicle of his son and caused accident. As a result, his son suffered head injury along with multiple injuries all over body. He was immediately taken to the hospital where he was declared brought dead by the doctor. Based on said complaint, the offence under Sec. 279, 304A, and 337 of IPC was registered against applicant. After due investigation, police found that act attributed to applicant falls within the category of Sec. 304 of IPC and accordingly submitted final report against applicant for commission of offence under Ss. 427 and 304 of IPC. The trial Court after hearing the parties, framed the charges under Ss. 427 and 304 of IPC.

(3.) Learned counsel for the petitioner argued that initially whole case in the FIR and attending material is of accidental death because there was nothing to show that that applicant and deceased were known to each other or applicant drove the vehicle with an intention to cause death of deceased. However, the prosecution ignoring aforesaid aspect of the matter, has submitted the charge sheet under Sec. 304 of IPC, against applicant, which is per se illegal. He further contended that even if the entire prosecution case is taken to be true, then also there is no material to satisfy that petitioner had knowledge that those injuries, if inflicted on deceased, would cause his death and as such, at the most charge under Sec. 304A of IPC can be framed against the applicant i.e. for being negligent in driving the vehicle on road, and not under Sec. 304 of IPC as is framed by trial court. Therefore, the order impugned framing charge under Sec. 304 of IPC is liable to be quashed. In support of his submissions, he placed reliance on the decision rendered in case of Prabhakaran vs. State of Kerala, reported in (2007) 14 SCC 269.