Alok Singh, J. - (1.) LEARNED Counsel for the Petitioner has vehemently argued that in an alleged accident Punjab Home Guard Balkar Singh has died. Learned Counsel for the Petitioner has further argued that since Petitioner -accused was driving motor cycle which hit Balkar Singh, hence, it is not a case of culpable homicide, hence, Petitioner can not be charged to face the trial under Section 304 IPC.
(2.) ON being asked, Mr. K.D. Sachdeva, Addl. A.G. Punjab accepts notice on behalf of Respondent -State. Learned Counsel for the Petitioner has drawn my attention to the Medico Legal Report of the accused to show that in the same accident accused has suffered injuries and was taken to the hospital by the Police Constable Mewa Singh, hence, there is no question of absconding the accused from the site of the occurrence. Learned Counsel for the Petitioner has argued that although Petitioner should have been discharged, however, alternatively instead of Section 304 IPC, the Petitioner should have been charged and asked to face the trial under Section 304A IPC, Section 279 IPC and Section 336 IPC.
(3.) LEARNED Addl. A.G. Punjab who has received notice in the Court has fairly assisted the Court and has stated that framing of charge would not amount to conviction under the same Section and ultimately the Court can convict the accused in a proper Section, if warranted.;