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CRL. R.V. 497/2018
HIGH COURT OF DELHI
Date of Order: January 30, 2019
HIGH COURT OF DELHI
Date of Order: January 30, 2019
CRL.REV.P. 497/2018
STATE ..... Petitioner
Through: Ms.Neelam Sharma, Additional Public Prosecutor for State with
Inspector Rajesh Johri, PS DIU/SHD.
STATE ..... Petitioner
Through: Ms.Neelam Sharma, Additional Public Prosecutor for State with
Inspector Rajesh Johri, PS DIU/SHD.
VERSUS
BHUWAN MOHAN ..... Respondent
Through: Mr.R.P. Luthra and Mr.Sourabh, Advocates
Through: Mr.R.P. Luthra and Mr.Sourabh, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 30.01.2019
Impugned order of 18th November, 2017 directs framing of charge for offences under Section 304/34 of IPC. The impugned order is challenged by learned Additional Public Prosecutor for the State on the ground that the offence committed by the respondent-accused is under
Section 302 IPC and not Section 304 IPC.
As per the MLC, the deceased had sustained lacerated wound on the left side of forehead measuring 2 inches X 2 inches and there was left periorbital hemorrhage and odema present and clots in both nostrils. It is contended that as per the post mortem report, the cause of death was compression of brain due to the injury on the forehead of the deceased-
Sanjay caused by the rod and due to the injury sustained, injured- Sanjay had died.
2019:DHC:620
Impugned order of 18th November, 2017 directs framing of charge for offences under Section 304/34 of IPC. The impugned order is challenged by learned Additional Public Prosecutor for the State on the ground that the offence committed by the respondent-accused is under
Section 302 IPC and not Section 304 IPC.
As per the MLC, the deceased had sustained lacerated wound on the left side of forehead measuring 2 inches X 2 inches and there was left periorbital hemorrhage and odema present and clots in both nostrils. It is contended that as per the post mortem report, the cause of death was compression of brain due to the injury on the forehead of the deceased-
Sanjay caused by the rod and due to the injury sustained, injured- Sanjay had died.
2019:DHC:620
CRL. R.V. 497/2018
It was put to the petitioner’s counsel as to after how much time, the injured- Sanjay had died and learned Additional Public Prosecutor for the
State informed that injured-Sanjay had died after 20 days of the incident.
Upon hearing and on perusal of the impugned order, I find that trial
Court has rightly framed charge under Section 304 of IPC and not under
Section 302 of IPC against the petitioner. No ground for framing of charge under Sections 302 IPC is made out. This petition is accordingly dismissed while not commenting upon the merits of the case.
(SUNIL GAUR)
JUDGE
JANUARY 30, 2019 neelam 2019:DHC:620
It was put to the petitioner’s counsel as to after how much time, the injured- Sanjay had died and learned Additional Public Prosecutor for the
State informed that injured-Sanjay had died after 20 days of the incident.
Upon hearing and on perusal of the impugned order, I find that trial
Court has rightly framed charge under Section 304 of IPC and not under
Section 302 of IPC against the petitioner. No ground for framing of charge under Sections 302 IPC is made out. This petition is accordingly dismissed while not commenting upon the merits of the case.
(SUNIL GAUR)
JUDGE
JANUARY 30, 2019 neelam 2019:DHC:620
JUDGMENT