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FARJAND ALI
Amanveer @ Aman – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant criminal revision petition, petitioner haS challenged the order dated 13.12.2017 passed by the learned Additional Sessions Judge No.1, Hanumangarh in Sessions Case No.37/2017 whereby the leaned Judge has ordered to frame charges for the offences under Sections 304 , 279 & 337 of the IPC against the petitioner.
2. Bereft of elaborate details, the necessary facts for the disposal of the case are that on 16.05.2017 at about 4:55 p.m. Surendra Kumar filed a written report to SHO, P.S. Hanumangarh Town alleging inter alia that at about 7:00-8:00 p.m. when he, Jenaram and Rajkumar were going from National Highway to Ramdev Temple then a Swift Desire Car bearing registration No.PB60A-6713, which was driven by Aman rashly and negligently hit Rajkumar and Jenaram and he was on the other side resulting which Jenaram fell down on road and Rajkumar stuck down on the bonnet of the car was dragged by the driver for almost one and half kilo meters away where after near the Uttam Palace, his body was taken out under the car resulting which his leg was cut and he succumbed to the injuries. Jena Ram complained that he was having pain on his right sho
Knowledge of likely fatal consequences in reckless driving can elevate culpable homicide to be charged under Section 304 Part II IPC instead of Section 304A IPC.
It is settled law that sentence to be imposed in a case should be consistent with atrocity and brutality with which crime has been perpetrated, enormity of crime warranting public abhorrence and it s....
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
The court confirmed that knowledge of a likelihood of death is essential for culpable homicide under S.304 Part II IPC, distinguishing it from negligence under S.304A IPC.
Every court while framing a charge in cases of death involving use of motor vehicles and a final report is filed alleging offence under Section 304 of IPC, trial court is obliged to apply mind and de....
The main legal point established in the judgment is that the omission in the charge to mention Section 304A of the IPC and the words ‘rashly or negligently’ would not render the conviction illegal, a....
The trial Court may alter charges based on the evidence, determining appropriate charges during the course of proceedings.
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