ABDUL KALAM MUSALMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 28.11.2010 passed by the Additional Sessions Judge Fast Track, Tonk, whereby the learned Judge has framed charges against the petitioners for offences under Sections 304, 120B IPC and under Section 4/21 of Mines and Minerals (Regulation and Development) Act, 1957/1952 (hereinafter referred to as the "M.M.D.R., Act"), the petitioners have approached this Court.

(2.) THE brief facts of the case are that on 28.08.2010, a FIR, FIR No. 144/2010, was registered at Police Station Dooni, District Tonk for offences under Section 304 IPC, read with Section 4/21 of M.M.D.R. Act against the accused petitioners. After registration of the FIR, the investigation commenced. After investigation and after arresting the accused persons, a charge-sheet was filed before the learned C.J. (J.D.) & J.M. Deoli, District Tonk under Section 304 Part- I, 120 IPC and 4/21 of M.M.D.R. Act. THEreafter , the matter was transferred to learned Additional Sessions Judge, Fast Track, Tonk. Vide order dated 26.11.2010, the learned Judge framed the charges, as aforementioned, against the petitioners. Hence, this petition before this Court.

(3.) SECTION 304 IPC is as under : SECTION 304. Punishment for culpable homicide not amounting to murder - Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.