DAVID Vs. STATE

JUDGEMENT

(1.) The petitioners filed this criminal revision petition challenging the order passed by the learned Sessions Judge, Mahalir Neethi Mandram/Fast Track Court, Erode, dismissing the petition filed under Sec. 227 Crimial P.C. to discharge them from the charge under Sec. 304(ii) IPC.

(2.) The fact of the case, in brief, is as follows :-

(3.) The above petition was contested by the respondent on the ground that A-1 in this case was learning driving with the help of A-2 in the school play ground and at the time of the accident A-1 did not have any valid driving license and A-2 also did not possess any license to teach driving, and they have will-fully driving the vehicle into a school play ground where the students are playing and they have full knowledge that their act will likely cause death. Therefore, the act of the petitioners amounts culpable homicide, not amounting to murder. There are sufficient grounds available to proceed against the petitioners for the offence under Sec. 304(ii) IPC. The Court below considering the materials dismissed the petition filed by the petitioners holding that there are sufficient grounds available to proceed against the accused.