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PREM NARAYAN SINGH
Vikas Yadav – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With consent of the parties heard finally.
2. This criminal revision under section 397/401 of Cr.P.C., 1973 has been filed by the petitioner being aggrieved by the order of framing of charges dated 6.9.2021 passed by the Additional Sessions/Special Judge, Indore (M.P.) in S.T. No.4432021, so also the order dated 24.8.2021 whereby the petitioner's application under section 227 of Cr.P.C praying for his discharge from the offence under section 302 of IPC has been dismissed.
2. Brief facts of the case are that on 17.12.2020 @ 11.15 am a white Verna car bearing Registration No.MP09WB1424 slightly touched with two wheeler vehicle Activa bearing Registration No.MH05DW7825 thereafter both the drivers came out and started quarreling with each other. During the fight present applicant who was driving the Activa vehicle slapped car driver due to which he fell down and came under the rear tyre of rash and negligent driven dumper bearing Registration No.MP09GE1947 and succumbed on the spot. On that basis FIR under section 304/34 of IPC has been registered against the applicant and co-accused Sunil Mujalde, Dumper Dirver. After due investigation, charge-sheet was filed against the accused
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
The trial Court may alter charges based on the evidence, determining appropriate charges during the course of proceedings.
A higher charge may be framed based on evidence, with courts retaining the authority to alter charges as needed during trial proceedings.
Framing charges under Section 307 IPC requires clear evidence of intent or knowledge to kill, which was lacking, thereby limiting the charges to less serious offences.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
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