Back
PREM NARAYAN SINGH
KAMLESH SINGH – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. The petitioner has filed the present revision petition under section 397 read with section 401 of Criminal Procedure Code being aggrieved by the order dated 24-8-2023 passed by learned 2nd ASJ, Indore in ST No. 151/2023 whereby the learned trial Court framed the charges against the petitioner under section 304, 279, 337 of Indian Penal Code.
2. As per the prosecution story, the allegations against the petitioner is that on 9-6-2022 at about 01:00 PM, the petitioner was driving his loading vehicle bearing Registration No. MP09UC5900 on wrong side recklessly and negligently at AB Road and dashed the bike of the complainant. Due to the said accident, complainant Shashan Sharma got injured while Sakshi Sharma (pillion rider) has expired. Hence, the offence was registered against the petitioner.
3. To controvert the impugned order, learned counsel for the petitioner submits that however, the petitioner was admittedly going through the wrong side, but he had no intention to cause death of the deceased. Since the incident had happened all of a sudden, the petitioner could not be attributed for intention of causing any bodily injury to the deceased. Hence, his limited prayer is tha
A higher charge may be framed based on evidence, with courts retaining the authority to alter charges as needed during trial proceedings.
The trial Court may alter charges based on the evidence, determining appropriate charges during the course of proceedings.
Culpable homicide requires intention and knowledge, while section 304 - A IPC pertains to causing death by negligence.
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.
A medical practitioner cannot be charged under S.304 IPC for an unintentional act without knowledge of likely death; S.304A IPC is applicable for negligent acts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
