PRAKASH CHANDRA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 13.7.1994 passed by Shri Dinesh Dayal, Additional Sessions Judge in a case committed to Sessbns relating to FIR No. 470/93. PS Kashmere Gate. Delhi u/s 302/147/148/149/427/307 1PC. Under the impugned order the learned Sessions Judge has directed framing of charges against the accused persons including the revisionist. The learned Sessions Judge has found that prima facie a charge under sections 147/148/149/ 323/325/426/307/302 Indian Penal Code is made out.

(2.) Learned counsel for the revisionist does not dispute charges having been framed against the revisionist under the said sections except 302 Indian Penal Code. According to him, as per the evidence with the prosecution, at the most a charge under Section 304 Part II may prima facie be made. In view of the above submission, I restrict this revision only on the point whether charge against the revisionist should be under Section 304 Part II or under Section 302 Indian Penal Code.

(3.) I have heard the learned counsel for the revisionist and the respondents on the aforesaid restricted point. Learned counsel for the State has taken me through the statement of the complainant, in which it is said that the revisionist (Prakash Chandra) made an exhortation that all may be killed. In this criminal case one has been kilted as a result of the incident. The revisionist in addition to the charges under the aforesaid other sections of Indian Penal Code has been charged under Section 302 read with Section 149 Indian Penal Code. The question is whether as per the evidence available with the prosecution the charge should be under Section 302/149 or 304 Part 11/149 Indian Penal Code. In my view as per the evidence on the record a prima facie case under Section 302 appears to be made out and only after the evidence is led In the Court a final adjudication may be made whether any offence has been proved to have been committed and if so, then whether under Section 302 Indian Penal Code or under Section 304 Part II Indian Penal Code.