RAMESH KEVAT Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition has been preferred under Sections 397, 401 of the Code of Criminal Procedure, 1973 against the order passed by the Additional Sessions Judge, Ganj Basoda, Distt. Vidisha, in Sessions Trial No. 42/2014 on 28.2.2014, whereby charge under Section 304 Part II of IPC (on two counts) has been framed against the petitioner.

(2.) THE facts in brief giving rise to this revision petition are that on 6.5.13 Rajendra Singh has informed Vishan Singh that two persons are lying dead. A motorcycle bearing registration No. MP 40 BA 7580 is also lying nearby. It seems that death of the deceased has taken place due to vehicular accident. The marriage invitation card is also lying at the spot in which the mobile number is printed, hence, he is informing him (Vishan Singh). Upon this information, Vishan Singh reached the spot where Rajendra told him that accident has taken place from a dumper which was going towards Vidisha and both the deceased were going towards Pipaldhar from the side of Vidisha. The dead -bodies were identified as Narayan Singh Rajput and Chandrabhan Singh Rajput who were the uncle and cousin brother of Vishan Singh. On this information, Merg intimation was recorded. During enquiry, it was found that driver of the dumper bearing registration No. MP 40 GA 0488 knowingly that some persons are likely to die drove the aforesaid dumper at a very high speed and dashed the motorcycle as a result of which deceased fell down and the wheels of the dumper passed over their bodies. Hence, crime No. 111/13 under Section 304 Part II of IPC has been registered. After due investigation, charge -sheet has been filed against the petitioner. The learned JMFC has committed the case for trial and the case was made over for trial to learned ASJ, Ganj Bansoda, Distt. Vidisha, who has framed the charge under Section 304 Part II of IPC. Being aggrieved, this revision petition has been preferred.

(3.) THE learned Public Prosecutor for the respondent/State supported the impugned order and submitted that the material collected during the investigation prima facie indicates that dumper was driven at a high speed and the applicant knowingly hit the motorcycle as a result of which two persons died on the spot. Hence, it is prayed that revision petition be dismissed.