Case Facts:
Patna High Court Cr.Misc. No.10444 of 2011 (2) dt.29-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10444 of 2011 ====================================================== 1.Ajay Kumar Verma , son of Ram Lakhan Prasad. 2. Janmjay Kumar Verma @ Janmjay kumar @ Pintu Kumar, son of Ram Lakhan Prasad 3. Ranju Kumari, wife fof Ajay Kumar Verma 4. Bharti Devi, wife of Ram Lakhan Prasad, all resident of Village-Berauta, P.S. Narhat, District- Nawada .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, advocate. For the Opposite Party/s : Mr. C. Sen Prasad Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 14.2.2011 in S.Tr. No.623 of 2010/1 of 2011 by the learned Additional sessions Judge, F.T.C. No.III, Nawada by which the court below has refused to delete [STATUTE] . Learned counsel for the petitioners submits that from the First Information Report it appears that there is allegation of assault and abrasion and the doctor has examined the injury report and found that all the injuries are simple in nature. After some days the victim died and the cause of death has been mentioned as Cardio respiratory Patna High Court Cr.Misc. No.10444 of 2011 (2) dt.29-06-2012 failure due to pelvic inflammatory disease. He further submits that from the evidence on record, the case under [STATUTE] is not made out and the court below should delete those sections and reframe the charge. At this initial stage determination of question of cause of death is very difficult to be identified as there may be different reason of death due to cardio respiratory failure. These things can be seen at the time of the trial and not at this stage. Accordingly this application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate state. Vinay/- (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.