SALINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER, who is charged with an offence under S. 304, I. P. C. has filed this revision petition against the order framing the charge pleading that no offence under the section charged is made out and at the most offence under S. 304-A, I. P. C. . would be revealed.

(2.) THE FIR in this case is lodged by one ashok Kumar alleging that he along with his brother Hem Raj were returning in their maruti Car bearing registration No. PB 19-0405 after attending to their business at kapil Palace. Hem Raj was sitting in the car being driven by the complainant. In the vicinity of ITI chock, Barnala, L. P. Truck was noticed coming with a high speed. The complainant applied brakes to stop his car, but truck driver brought his truck to a halt while driving it in dangerous and negligent manner. The complainant got down from the car and exchanged words with the truck driver complaining that complainant was about to lose his life because of his rash driving. Truck driver, however, retorted back saying that he was not bothered and would drive the truck in similar manner. Nephew of the complainant was also seen coming on his hero Honda Motor Cycle. Truck driver drove the truck while muttering something when the complainant followed him in their car. The driver while driving the truck at a high speed and in a rash and negligent manner intentionally hit the Motor Cycle driven by the nephew of the complainant. As a result, the Motor Cycle was dragged to a pit on the side of the road. The truck then hit the electric pole which broke. The complainant along with his brother came out of the car and attended to their nephew. Injured was shifted to Civil Hospital, Barnala where he breathed his last. A case was registered against the truck driver, whose identity and name was learnt and noted by the complainant at the site of accident FIR No. 82 dated 15-3-2006 for offences under Sections 304/ 325, I. P. C. was registered at Police Station kotwali, Barnala. On completion of investigation, the petitioner is charged with an offence under Section 304, I. P. C. for committing culpable homicide not amounting to murder by causing death of Kapil and also for voluntarily causing grievous hurt to indesh Kumar for an offence under Section 325, I. P. C. The petitioner has filed the present revision pleading that no offence under Sections 304 and 325, I. P. C. would be made out against him considering the facts of the case.

(3.) NOTICE in this case was issued and the counsel are heard.