The court established that without sufficient evidence directly linking the accused's actions to the cause of death, the charge under Section 304(2) IPC could not be maintained.

CAV ORDER

The Petitioner has filed this Criminal Petition seeking to quash entire proceedings, charge sheet in S.C No. 167/2021 pending before District and Sessions Judge, Chikmagalur, arising out of C.C No. 494/2021 on the file of Addl. Civil Judge (Jr. Dn) and JMFC, N.R Pura, Chikkamaglur and to set aside order dated 11.10.2021 for the offences punishable under Section 304 (2) of I.PC, 1860.

1.1 The case of the prosecution is that when the Petitioner/ accused and the deceased along with the others had consumed the alcohol, at that time, a quarrel took place between them and in the said scuffle the accused, fully knowing the age of the deceased, pushed him to the ground, due to which he sustained injuries and succumbed to death. It was alleged that the accused, despite having full knowledge that it may cause serious injuries, failed to help him after seeing the deceased at the same place at 6:30 pm.

2. Thereafter, Respondent No. 2, the first informant lodged an F.I.R in Cr. No. 0056/2021 dated 13.06.2021 against the petitioner for the offences punishable under Section 302 of IPC.

3. The Police, after conducting investigation, submitted a charge sheet dated 14.07.2021 against the accused for the offences punishable under Section 304 (2) of IPC by omitting section 302 of IPC. subsequently, the learned Addl. Civil Judge and JMFC, N.R Pura, Chikmagalur took cognizance of the aforesaid offence and issued summons to the accused by order dated 11.10.2021 in C.C No 494/2021. Thereafter, the case has been committed to the District and Sessions Court, Chikmagalur which is pending in S.C No. 167/2021. Being aggrieved by the order of the trial court, the petitioner has filed this instant petition.

4. Shri Amar Correa, learned counsel for the petitioner submitted that the post mortem report indicates that the death was due to cardiac arrest as a result of coronary artery disease and the deceased had consumed alcohol before the death (natural Death). Hence, the medical opinion clearly discloses that the death was not caused due to assault made by the accused herein and or the fall of the deceased. Hence, there is no prima facie case to proceed against the accused for the offence punishable under section 304(2) of IPC and he relied on the following decisions :

(i) Richhpal Singh Meena v. Ghasi and Others (2014) 8 SCC 918.

(ii) Harishchandra Prasad Mani and Others v. State of Jharkhand and Anr. (2007) 15 SCC 494, Para no.8,9,12,13.

(iii) Ghulam Hassan Beigh v. Mohammad Maqbool Magrey and Ors. SLP (Crl) No. 4599/2021, Para no. 3.

(iv) Satish Mehra v. State (NCT of Delhi) and Anr (2012) 13 SCC614, Para no. 21.

(v) State of Karnataka v. L. Muniswamy and Ors (1977) 2 SCC699, Para no. 7.

(vi) Ramlingam and Ors v. N Viswanathan (Crl. Appeal No.212/2024).para no. 2, 5 10-12.

(vii) State of Haryana and Ors v. Bhajan lal (1992) Supp (1)SCC 335.

5. Per Contra, Shri. P Chandrashekar learned counsel for the respondent No.2/ defacto complainant submitted that the eyewitnesses have categorically stated that the accused pushed the deceased to the ground and due to which the deceased succumbed to death. Hence, the charge sheet material discloses the commission of the offence alleged against the petitioner accused and there is a prima facie case to proceed against the accused herein.

5.1 Further, he submits that the blood stained clothes were recovered from the accused which indicates that the incident has occurred and the death was caused due to the act of the accused herein. It was contended that the petitioner had suppressed the fact that a similar petition was filed previously, i.e, Crl. Petition No. 6454/ 2021, before this Court and was withdrawn by the petitioner dated 08.12.2021. The