Crl.Rev.No.625 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.625 of 2009. Decided on: February 04, 2010. Des Raj .. Petitioner VERSUS State of Haryana and another. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.P.S.Jammu, Advocate, for the petitioner. Ms.Shubhra Singh, DAG, Haryana, for the respondent-State. M.M.S. BEDI, J. (ORAL) The petitioner is a complainant in a case registered against Gurdeep Singh, on the allegations that on 09.11.2008, he drove his vehicle No.HR-46-0046, in such a manner that he was responsible for the offence. The short question which is required to be determined in the present case is whether in the light of judgment of this Court in case, Court on its own motion Vs. State of Punjab and others, 2005 (4) RCR (Crl.), Page-673, the petitioner should be charged under Section 304 or 302 IPC along with alternative charge . . . 1 Crl.Rev.No.625 of 2009 under Section 304-A IPC. As per the said judgment, it is only in cases of extreme rashness and negligence in driving and other cases of utter callousness, that a charge under Section 304 IPC could be framed along with alternative charge under Section 304-A IPC. In the present case, eight persons died in the accident which was caused by the act of respondent No.2. It is certainly a case of extreme recklessness where he cannot be said to have merely committed a rash and negligent act to be booked under Section 304-A IPC, but is prima facie, a case where he can be said to have been committed an act which may amount to culpable homicide not amounting to murder. In Kuldeep Singh Vs. State of Himachal Pradesh, 2008 (3), RCR (Crl.), Page-933, laying down that if a person willfully drives a motor vehicle into the midst of a crowd and thereby causes death to some person, it will not be a case of mere rash and negligent driving but would fall within the purview of an act which amount to commission of a crime of culpable homicide. There is prima facie material on the record indicating that the respondent was smelling of alcohol. Various factors mentioned hereinabove warrant that an alternative charge under Section 304 IPC should also be framed. Order dated 24.01.2009, is hereby ordered to be modified and a direction is issued to the Additional Sessions Judge, Sirsa, to frame charge under Section 304 along with alternative . . . 2 Crl.Rev.No.625 of 2009 charge under Section 304-A IPC by exercising powers under Section 216 Cr.P.C. Disposed of . (M.M.S.BEDI) JUDGE February 04, 2010. rka . . . 3