ANIL KUMAR PROSAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Aggrieved by an order of framing charge under Sections 279/304 of the Indian Penal Code, alternatively under Section 304A of the Indian Penal Code in connection with a trial now pending before the Learned District and Sessions Judge, Howrah, the petitioner moved the instant criminal revision.

(2.) At the time of hearing of this application the learned advocate of the petitioner vehemently urged that this is a case where a person has been killed being knocked down by a Mini Bus, while it was allegedly running rashly and negligently. According to him on the face of the materials, the framing of charge under Section 304 of the Indian Penal Code is wholly uncalled for. On the other hand, Mr. Swapan Kumar Mullick, the Learned Counsel appearing on behalf of the State produced the Case Diary and in his usual fairness submitted that on the evidentiary materials collected by the police at best a case under Sections 279/304A of the Indian Penal Code has been made out.

(3.) The prosecution case as it appears from the First Information Report is as follows;