PRADEEP DHAWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application is directed against the order dated 18-7-1994, framing of the charge under Section 304-B of the Indian Penal Code against the applicants by Xth Addl. Sessions Judge, Jabalpur in Sessions Trial No. 122/87.

(2.) Shri Ranjan Banerjee, learned counsel for the applicants has contended that the alleged offence was committed on 6-4-86 much prior to coming into force the provision of law contained in Section 304-B of the Indian Penal Code. Section 304-B, IPC is the new provision of law and it was inserted in the Indian Penal Code by amendment Act No. 43/86 and it came into force on 9-11-86 and it has no retrospective effect. Therefore, the framing of the charge under Section 304-B of the Indian Penal Code cannot be sustained. The contention of Shri Banerjee is well founded.

(3.) It is well settled that a person cannot be made an accused for an offence which was not an offence under the law when the alleged offence was committed.