S.P. GARG, J.

1. Present Revision Petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 10.03.2015 of learned Addl. Sessions Judge by which he was charged for commission of offences under Sections 304(II) /323/325 IPC. The revision petition is contested by the State.

2. I have heard the learned counsel for the parties and have examined the file. Learned counsel for the petitioner urged that no prima- facie case is made out for an offence under Section 304(II) IPC and at the most, the petitioner can be presumed to have committed the offence under Section 304A IPC for driving the vehicle in a rash and negligent manner which caused the death of an individual. Section 304(II) IPC requires knowledge on the part of a person that the only probable consequence of his act would be 'culpable homicide'. In the instant case, the petitioner was not aware if the victim was sleeping on the pavement / divider. The petitioner was orient, conscious and fit to make statement at the time of his medical examination and was not under the influence of liquor. FSL report clearly demonstrates that no alcohol was found in his blood. Accident occurr