KAMLESH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present revision petition under Sec. 397 R/w Sec. 401 of Cr.P.C. being aggrieved by the order dtd. 24/8/2023 passed by learned 2nd ASJ, Indore in ST No.151/2023 whereby the learned trial Court framed the charges against the petitioner under Sec. 304, 279, 337 of IPC.

(2.) As per the prosecution story, the allegations against the petitioner is that on 9/6/2022 at about 01:00PM, the petitioner was driving his loading vehicle bearing Registration No.MP09UC5900 on wrong side recklessly and negligently at AB Road and dashed the bike of the complainant. Due to the said accident, complainant Shashan Sharma got injured while Sakshi Sharma (pillion rider) has expired. Hence, the offence was registered against the petitioner.

(3.) To controvert the impugned order, learned counsel for the petitioner submits that however, the petitioner was admittedly going through the wrong side, but he had no intention to cause death of the deceased. Since the incident had happened all of a sudden, the petitioner could not be attributed for intention of causing any bodily injury to the deceased. Hence, his limited prayer is that the offence under Sec. 304 of IPC shall not be made out against the petitioner and the learned trial Court has committed grave error of law in framing the charges against the petitioner under Sec. 304 of IPC in place of Sec. 304-A of IPC. Hence, prays that the impugned order may be set aside qua the offence under Sec. 304 of IPC and charges under Sec. 304-A may kindly be framed by allowing the present petition.