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CHHATTISGARH HIGH COURT
,
Dinesh Kumar Yadav v. State of Chhattisgarh
| Table of Content |
|---|
| 1. facts of the case concerning the driving incident. (Para 1 , 2) |
| 2. arguments regarding the nature of charges framed. (Para 3 , 4) |
| 3. court's analysis of sections 304 and 304 - a ipc. (Para 5 , 6 , 7) |
| 4. finding that intention or knowledge for culpable homicide is absent. (Para 8) |
| 5. court's decision to allow the revision and set aside charges. (Para 9) |
1. This revision is directed against the order dated 9.8.2011 passed in Session Trial No. 40/2011 by the Session Judge Kabirdham, whereby charges u/s 304 Part - II IPC have been framed against the applicant.
2. The facts, briefly stated, are as under: -
The applicant was a tractor driver. On the fateful day i. e. on 14.5.2011, he was engaged in driving tractor No. CG - 10 / D - 1128 belonging to one Narayan Chandrakar. The tractor was fitted with a 4 wheeler - trolley. The applicant, on instructions of the owner, had taken the tractor - trolley for loading bricks. Deceased - Rameshwar Chandrakar and Durgesh Pandey loaded the bricks in the trolley. They closed the side dala of the trolley. Thereafter the applicant started the engine of the tractor. He was sitting on the driving seat. He asked the deceased to lift the loc
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