P&H HC Dismisses Petition Challenging Framing of Charges under Sections 304 and 427 IPC

On 21April 2023, The Punjab and Haryana High Court has dismissed a petition challenging the framing of charges against the petitioner under Sections 304 and 427 of the Indian Penal Code (IPC) in a case involving the death of three persons due to extreme negligence and rash driving of an oil tanker.

The petitioner argued that since there was no allegation of him being under the influence of liquor, the case should bAe treated as rash and negligent driving under Section 304A IPC. However, the Court observed that the material on record indicated that the allegations against the petitioner showed extreme negligence and rashness while driving the oil tanker, leading to the death of three persons.

Justice Vivek Puri, who presided over the case, held that a charge under Section 304 IPC could be framed even on the basis of strong suspicion, if supported with material on record. The Court further noted that while the charge framed by the trial Court may not be properly worded, the error could be corrected by invoking the provisions of Section 216 of the Code of Criminal Procedure (Cr.P.C.), which allows for the amendment of the charge at any stage of the trial.

The petition was dismissed, and the trial Court was advised to look into the alteration/amendment of the charge as per the provisions of Section 216 Cr.P.C., considering the observations made by the High Court.

Date of Decision: 21.04.2023

Chhinda Singh  VS State of Punjab