BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has preferred the present criminal revision under Section 397, 401 of CrPC, challenging the order dated 27/11/2019 passed by First Additional Sessions Judge, Sabalgarh, District Morena in Sessions Trial No. 401/2018 whereby charge under Section 304 of IPC has been framed against the petitioner.

(2.) The facts leading to filing of the instant revision application are that on 30/9/2018, an FIR was registered under Section 304 of IPC on the basis of merg intimation given under Section 174 of CrPC with regard to death of deceased Sunil, who died due to electric shock. In the FIR, it is mentioned that a land, owned by one Kamlesh Sharma, was given to the present petitioner on lease as Bataidar. Aforesaid land is situated at Sabalgarh, District Morena having total area 0.47 hectare. To protect the aforesaid land, present petitioner Babulal installed some live electric wire to restrict the trace-passers from entering the land and deceased Sunil, who had a plot nearby the aforesaid land, died after coming in contact with the live wire installed around the land of the petitioner. After investigation, charge-sheet under Section 304 of IPC has been filed against the petitioner before the concerned Court.

(3.) On 27/11/2019, the trial Court framed the charge against the petitioner under Section 304 of IPC.