BIRAM BAI Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) The applicants were charge sheeted for the offences punishable under Sections 306 & 304(B) read with Section 34 of the Indian Penal Code and charges for the aforesaid offences were framed against the applicants by order dated 16.05.2006.

(2.) Applicants herein preferred Criminal Revision No. 494/2006 against the order framing charge before this Court and ultimately the said revision was dismissed as withdrawn with liberty to raise all the grounds during the course of trial.

(3.) Thereafter, applicants filed an application under Section 216 of the Code of Criminal Procedure for deletion of charge under Section 304-B read with Section 34 of the Indian Penal Code. By the impugned order dated 05.08.2015, learned trial Court has rejected that application holding that charge under Section 304(B)/34 cannot be deleted as the order framing charge has become final.