IMPORTANT POINT
Culpable homicide requires proof of intention or knowledge; negligence alone suffices for charges under section 304-A of IPC.

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 that the offence under section 304 of Indian Penal Code shall not be made out against the petitioner and the learned trial Court has committed grave error of law in framing the charges against the petitioner under section 304 of Indian Penal Code in place of section 304-A of Indian Penal Code. Hence, prays that the impugned order may be set aside qua the offence under section 304 of Indian Penal Code and charges under section 304-A may kindly be framed by allowing the present petition.

4. On the other hand, counsel for the State has opposed the prayer, however, he has not disputed the averments made by counsel for the petitioner. It is submitted that the learned trial Court has rightly framed the charges against the petitioner because the petitioner was driving the vehicle on wrong side recklessly and negligently that too on very high speed. It is further submitted that the petitioner has committed the offence and there was clear knowledge to anyone that if the vehicle met with an accident, some one can be expired.

5. I have heard the learned counsel for the parties and perused the record.

6. Prior to decide the question whether the charges under section 304 of Indian Penal Code has been framed by the learned trial Court correctly or not, the provisions of section 304 of Indian Penal Code is required to be considered first, which reads as under:

“304. Punishment for culpable homicide not amounting to murder - Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death:

Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

304-A. Causing death by negligence:

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

7. In order to establish the offence of culpable homicide not amounting to murder punishable under section 304 of Indian Penal Code, the prosecution has to prove the knowledge or intention to cause death or such bodily injury as is likely to cause death.

8. On this Aspect, the pronouncement of Hon’ble Apex Court rendered in Jayaraj vs. State of Tamil Nadu, AIR 1976 SC 1519 are worth to referrer here wherein the Hon’ble Apex Court relying its anothe