MANOJ MALI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed the revision under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 10.01.2013 passed by the Court of Additional Session Judge, Chachoda, District Guna (Shri R.K.Nagpure) in Session Trial No.260/2012 whereby charge under Section 302 of IPC has been framed against the petitioner/accused.

(2.) The deceased Badam Bai intervened in the fight and the petitioner/accused kicked deceased Badam Bai in her stomach. On receiving the blow of the kick in the stomach the deceased Badam Bai was admitted in Minesh Hospital where form looking to the condition of patient, she was referred to Beora where she died on 05.04.2012. Postmortem of the deceased was conducted on the same day and after completion of the investigation, charge sheet was filed before the Court of JMFC where from the case was committed to the Court of Additional Session Judge, Chachoda.

(3.) Learned counsel for the petitioner submits that prima facie no ingredient under Section 302 of IPC is made out as essential ingredients for attracting the provision of Section 302 of IPC are totally absent in the present case. He has further submitted that the learned Court below has made an error in admitting the fact that the deceased intervened between the quarrel of petitioner and Jainarayan. The lower Court has erred in framing the charge of u/S. 302 of the IPC whereas as per prosecution story the petitioner merely gave a unintentional kick blow to the deceased and as a result of which the deceased died and no evidence has been found with regard to the intentional act being committed by the petitioner.