RAMJI Vs. STATE

JUDGEMENT

(1.) ON the accusation that Ramji, driver of Bharat Petrolium Tanker, bearing registration No. U. P. 736 by rash and negligent driving caused the death of the deceased persons, an FIR was recorded in the concerned police station. After investigation charge-sheet under Sec tion 302, IPC read with Sections 3/112, 42/112 and 46/112 of the Motor Vehicles Act was submitted in the Court of the Chief Judicial Magistrate, Varanasi, who committed the accused to the Court of Sessions, where the case was registered as S. T. No. 307 of 1980-State v. Ramji and then it was transferred to the Vth Additional Sessions Judge, Varaaasi for trial who fixed the case for framing of charge against the accused on 26-10- 1981. After hearing the arguments the trial Court framed the charge under Section 304 (2) IPC and adjourned the case to 2-3-1982 for recording prosecution evidence.

(2.) FEELING aggrieved against the order of framing the charge under Section 304 (2), IPC the accused preferred this application under Section 482, Cr. P. C. claiming that on the basis of material before the Court offence under Section 304 (2), IPC was not made out.