ARUN KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This is a revision challenging the order framing charge under section 307 I.P.C. against the applicant. The prosecution story in short is that on 5/11/1989 at about 12 hours when the complainant Rampal was proceeding on a bicycle towards his house on a National Highway, the applicant who was driving his tractor negligently came from the front and dashed against the bicycle, as a result of which the complainant Rampal fell down and received injuries and became unconscious. He was taken to the hospital. The medical report shows that the complainant received simple injuries and opinion could be given only after X-ray. On X-ray being taken, it was found there was a fracture of the radious bone. The police have examined the complainant Rampal, Lalla, Vishnu Deo and Gulam Hussein. All these witnesses have stated that while the complainant was going on his bicycle, the tractor driven by the applicant dashed him and the complainant fell down. The trial Court has framed a charge under section 307 I.P.C.

(2.) Looking to the circumstances and evidence on record, charge should have been framed under section 338 I.P.C. which requires that if grievous hurt is caused to any person by doing any act so rashly and negligently as to endanger human life or personal safety of others, he shall be punished under that section. The evidence prima facie shows that the applicant was driving his tractor rashly and negligently and as a result thereof the complainant sustained injuries.

(3.) For the discussion aforesaid, the revision is allowed and the impugned order framing a charge under section 307 I.P.C. against the applicant is set aside. The Chief Judicial Magistrate, Rewa is directed to frame a charge under section 338 I.P.C. against the applicant and proceed with the trial or if he thinks fit and proper direct any other competent Magistrate to conduct the trial. The applicant shall present himself before the Chief Judicial Magistrate, Rewa on 5/5/1994. Revision allowed.