Case Facts:
Patna High Court Cr.Misc. No.19023 of 2011 (4) dt.30-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19023 of 2011 ====================================================== 1. Rakesh Trivedi S/O Satyabrat Trivedi, R/O Mohiuddin Nagar, District - Samastipur 2. Sachhidanand Trivedi S/O Late Jai Narian Trivedi, R/O Mohiuddin Nagar, District - Samastipur 3. Satyabrat Trivedi S/O Late Jai Narain Trivedi, R/O Mohiuddin Nagar, District - Samastipur 4. Brajesh Trivedi S/O Satyabrat Trivedi, R/O Mohiuddin Nagar, District - Samastipur 5. Ramchandra Poddar S/O Late Yogendra Poddar, R/O Mohiuddin Nagar, District - Samastipur 6. Maya Devi W/O Satyabrat Trivedi, R/O Mohiuddin Nagar, District - Samastipur 7. Rajesh Trivedi S/O Satyabrat Trivedi, R/O Mohiuddin Nagar, District - Samastipur 8. Raghunath Poddar S/O Late Shivajee Poddar, R/O Mohiuddin Nagar, District - Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Prem Narain Trivedi S/O Sudishta Narain Trivedi, R/O Mohiuddin Nagar, Ward No. 3, P.S. Mohiuddin Nagar, District - Samastipur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Adv. and Mrs. Mira Kumari, Adv. For the Opposite Party/s : Mr. Rakesh Kumar Sharma, Adv. For the State Mr. B.B. Prasant, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 30-10-2012 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. In this case, petitioners are challenging the order dated 29.4.2011 passed by learned Additional Sessions Judge-I, Samastipur in S.T. No. 459 of 2010 arising out of Mohiuddin Nagar P.S. Case No. 150 of 2008 by which the court below has Patna High Court Cr.Misc. No.19023 of 2011 (4) dt.30-10-2012 refused to delete and alter the charge as the court below has framed the charge under [STATUTE] . The counsel for the petitioner submits that the alleged occurrence has taken place on 30.11.2008 whereas Lakshmi Narayan Trivedi died on 17.02.2009 after return from the hospital. The cause that has been shown for the death is Cardio Respiratory failure and that does not disclose any link in between the death and the alleged incident and accordingly, the court below has wrongly framed the charge under [STATUTE] . The court below has rightly observed that at this stage only prima facie case has to be seen and meticulous examination of fact can be done at the trial stage. The petitioner has based his argument on the strength of postmortem report. Framing of charge does not mean that the persons would be convicted under that charge as it will always be dependable on materials which come during the trial. At this stage, this Court is not examining the merit of the case but the Trial court will test and examine the defence at the stage of trial. With this observation this petition is disposed of. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.