C.R.R. No.2979 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.2979 of 2010 (O&M) Date of Decision : 01.03.2011 Manjit Singh ……Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. R.S. Athwal, Advocate for the petitioner. Mr. S.S. Chandumajra, D.A.G., Punjab. *** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (Oral) On the last date of hearing the following order was passed:- “Counsel for the petitioner has relied upon Naresh Giri v. State of M.P.(SC), 2007(4) C.R.R. No.2979 of 2010 (O&M) -2- RCR (Criminal) 1038 to canvass that in case of rash and negligent driving, charge under Section 304 of the IPC cannot be framed. Counsel for the respondent seeks a short adjournment to address arguments. Adjourned to 1.3.2011” Today learned Deputy Advocate General, Punjab has stated that the present is a case where the petitioner is alleged to have come to the extreme right of the road and then caused accident with the bus. In my considered opinion, even if this is so the offence cannot be termed as culpable homicide and also not amounting to murder. It is admitted that there was no mens ria. Even the allegation that the petitioner was driving under the influence of alcohol has not been made out. In the circumstances, I deem it appropriate to convert the charge for which the petitioner is facing trial to Section 304(A) IPC. Accordingly, the petition is allowed. ( AJAY TEWARI ) March 01, 2011 JUDGE ashish