Sufficient prima facie evidence, including intent tied to enmity, justifies charge framing under IPC Section 304(2) in a case involving reckless driving leading to death.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present revision against the order dated 19.11.2022, passed by learned Additional Sessions Judge, Kinnaur at Rampur, Himachal Pradesh (learned Trial Court), vide which the charges were framed against the petitioner (accused before the learned Trial Court) for the commission of offences punishable under Section 304 (2) of INDIAN PENAL CODE (IPC) read with Section 187 of the Motor Vehicles (MV) Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the informant made a statement before the police that on 23.04.2022, he when had visited Rampur to attend the marriage. He returned from bus stand Rampur on 24.04.2022 and when he reached near Indira Market, Rampur at about 02:15 AM, a Tipper bearing registration No. HP95-8200 was moving ahead of the informant’s car. The Tipper hit the motorcycle bearing registration No. HP06A-7848 at a high speed and crushed three riders of the motorcycle. The driver fled away from the spot. The informant followed the Tipper. The police stopped the Tipper near Police Station Rampur. The petitioner was driving the Tipper at the time of the incident. All three persons died on the spot. The accident occurred due to the rash and negligent driving of the petitioner. The police registered the FIR and conducted the investigation. The deceased were identified as Vinod Kumar, Rahul Saini and Anit Kumar postmortem examinations of the dead body were conducted. It was found during the investigation that the petitioner had deliberately hit the motorcycle and dragged it for a distance of about 70 feet. SFSL team arrived from Junga. The material evidence was picked up from the spot and sent to SFSL, Junga for analysis. As per the investigation, the petitioner had enmity with Vinod Kumar and he had deliberately hit the motorcycle being driven by him with an intent to kill him. The police added Section 302 of the INDIAN PENAL CODE (IPC). As per the report of SFSL, no ethyl Alcohol/Drug was detected in the blood sample of the petitioner, Amit Kumar and Rahul Saini. 195.84mg% ethyl alcohol was detected in the blood sample of Vinod Kumar. The police completed the investigation and filed the charge sheet before the Court for the commission of offences punishable under Section 304 of the INDIAN PENAL CODE (IPC) and Section 187 of the Motor Vehicles (MV) Act.

3. The learned Trial Court ordered the framing of charges on 19.11.2022.

4. Being aggrieved from the order framing the charges, the petitioner filed a present petition asserting that the accident occurred due to the rash and negligent driving of the petitioner as per the FIR. The police added Section 302 of the IPC. During the investigation, it was found that it was not a case of murder and Section 302 of the IPC was deleted. The learned Trial Court erred in framing the charges for the commission of an offence punishable under Section 304 (2) of the IPC. Hence, it was prayed that the present revision be allowed and the order passed by the learned Trial Court be set aside.

5. I have heard Mr Harsh Sharol, learned vice counsel representing the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for respondent/State.

6. Mr. Harsh Sharol, learned vice counsel representing the petitioner submitted that as per the F.I.R., the incident occurred due to the rash and negligent driving of the petitioner. Section 302 o f the IPC was deleted during the investigation and Section 304 (2) of the IPC was added. There is insufficient material to frame the ch