The main legal point established is that the Court must carefully consider the evidence at the time of framing charges and that the heinous nature of the offense under Section 302 RPC warrants strict application of bail provisions.

1. Petitioners, who have been charged under Section 302/34 RPC, have filed the present petition for quashing of the charges.

2. In the petition, it has been stated that the order impugned is against the facts of the case and relevant provisions of law. The whole story of the prosecution is circumventing on an alleged fact of the occurrence that in order to avoid imminent loss of loaded vegetables in their truck, the petitioners requested the police/naka party to leave their truck for Srinagar but when the naka party refused them, the petitioners hit the barricade installed on the road as a result of which one Constable Sanjeev Kumar died. From the perusal of the facts of the case, it is evident that offence under Sections 304, 304-A can be made out, but the Court below has wrongly framed the charge under Section 302 RPC. Even if the death has been caused by the act of petitioners, that too has been caused without any pre-meditation, so offence under Section 302 RPC, is not made out.

3. I have considered the rival contentions of learned counsel for the parties. Learned counsel for the accused has relied upon the grounds taken in the petition, whereas the learned counsel for the respondent has supported the order of framing of charge. In support of the arguments, learned counsel for the petitioners has relied upon the judgment of Hon’ble Supreme Court in case titled Lavghanbhai Devjibhai Vasava vs. State of Gujarat, (2018) 4 SCC 329, judgment of Punjab and Haryana High Court in case titled Salinder Kumar v. State of Punjab, 2008 Cri. LJ 602 and judgment of Bombay High Court in case titled Salman Salim Khan vs. State of Maharashtra, 2004 (1) Bom. C.R. (Cri.) 359.

4. From perusal of the order impugned, the prosecution story is that on 14.01.2017 Constable Ajeet Kumar Belt No. 135/LSW presented a written docket in Police Station Udhampur addressed by In-charge Naka point Jakheni, Udhampur, Head Constable Parshotam Kumar No. 25 NHW to SHO Police Station Udhampur with a prayer for registration of an FIR against accused named therein, with the allegations that during naka checking at traffic naka point Jakheni at around 22:45 hours a truck no. JK09A-5301 loaded with vegetables and on its way from Jammu to Srinagar on reaching Naka point was signaled by naka party to halt and the driver of the truck was directed and made to park the vehicle on the side of the road and, the driver and the inmate of the truck were informed that as per the directions of the higher authorities the movement of heavy vehicles has been suspended on Jammu Srinagar National Highway and they cannot be allowed to proceed ahead to Srinagar, but the driver of the truck and the other inmate disclosed to the naka party that the truck is loaded with vegetables which are perishable items and, therefore, they have no other option but to proceed and transport the loaded vegetables to its desired destination as early as possible in order to avoid any imminent loss. That the driver of the truck disclosed his name as Mohd. Maqbool Dar son of Abdul Ahad Dar resident of Charakot Lolab District Kupwara whereas the other inmate of truck claimed to be the owner of the said vehicle and disclosed his name as Reyaz Ahmed son of Fateh Mohammad Malik resident of Kohnu district Bandipora. That the naka party pleaded their inability to allow the accused persons to proceed to Srinagar whereupon the driver of the truck lost his temper and insisted that he will go to Srinagar and in case any police official on duty dared to stop him he would crush him under the truck and the other inmate of the truck claiming to be its owner also endorsed the stand of the truck driver and threatened the naka party. That the naka party tried to persuade the accused persons to obey the orders of their superiors, but after sometime the driver of the truck abruptly started the vehicle and dashed against the barricade put up by the naka party at the naka point where SGCt. Sanjeev Kumar was stationed to