NARAYAN PRASAD KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD learned counsel appearing for the parties. Challenge in this revision petition is to the order passed by the trial Judge framing charge against the applicant for offence under Sections 304, 337 & 338 of the Indian Penal Code (for short 'the IPC). The applicant has been sent for trial for the said offences on the allegation that one Neem tree fell on the person of cousin of the complainant namely; Azaj Alam @ Bholu (since deceased) on 21 -1 -2012 at about 9.30 am on account of which he sustained grievous injuries and subsequently succumbed to death in the Apollo Hospital, Bilaspur on 24 -1 -2012. It is alleged in the charge sheet that the applicant had engaged labourers i.e. co -accused persons for cutting the Neem tree without taking due precaution and, as such, in course of said felling of tree it fell on the passerby deceased causing his death.

(2.) IT has been argued that there being no intention to kill the deceased, framing of charge under Section 304 of the IPC is wholly misconceived and it deserves to be set aside. Learned counsel would make alternative submission to the effect that, at the best, charge under Section 304 -A of the IPC may be attracted.

(3.) PER contra, learned counsel appearing for the State would support the impugned order.