DINESH SHARMA@ SONU Vs. STATE OF M.P.

JUDGEMENT

(1.) ARGUMENTS heard finally. 1. The applicant has filed this petition under section 482 of CrPC against the order dated 11.9.2008 passed by Second Additional Session judge, Bhind in Session Trial No. 85/08, whereby learned Court ordered for framing of the charge under section 304 Part 2 of IPC against the applicant.

(2.) BRIEF facts of the case are that on 20.1.2008 at about 1:30 p.m. in the noon, ahead barrier near Dharamkanta, Lashkar Road, Bhind, the applicant-accused while driving a bus No. UP 80/J-9029 rashly and negligently had dashed to one Mahavir coming front of the motorcycle. In this incident, Mahavir died due to the injuries sustained by him by the dash of the bus concerned. The matter was reported to the police concerned and police had registered a case under section 304 Part-2 of IPC and after due investigation, charge sheet had been filed. Learned trial Court after appreciation of the documents on record came to the conclusion that prima-facie, charge under section 304 Part-2 of IPC is made out and ordered for framing of the aforesaid charge against the applicant, aggrieved by which, the applicant has filed this petition under section 482 of CrPC.

(3.) ON perusal of the order it is apparent that the allegation against the applicant is for driving the vehicle concerned rashly and negligently, due to which, one person Mahavir has been dashed while he was coming on a motorcycle and he died in this incident. On perusal of the aforesaid version it is apparent that applicant-accused was not having any intention or knowledge in causing death of Mahavir and in view of that, the act of the accused is an act of driving of the vehicle rashly and negligently which may endanger to a human life of the pedestal concerned and this fact clearly comes in the definition of section 304-A of IPC and the aforesaid act of the accused will not come within the purview of section 304 Part-2 of IPC as held by the trial Court concerned.