IAS officer Sriram Venkitaraman will have to stand trial for the offence of culpable homicide not amounting to murder, which attracts a harsh punishment, in the alcohol-impaired driving accident case that killed journalist M. Basheer.
The Supreme Court on Friday rejected the Special Leave Petition of Mr. Venkitaraman, who challenged the findings of the Kerala High Court that he shall be tried for the offence under Section 304 of the Indian Penal Code (culpable homicide not amounting to murder) and Section 201 (causing the disappearance of evidence of an offence).
The court held that the trial court would examine whether there was substantial evidence against the accused. The High Court had passed the order in an appeal filed by the State government against the finding of a trial court, which discharged him of the offences under Section 304 and 301 and Section 3 (1) (2) of Prevention of Damage to Public Property Act and Section 185 of Motor Vehicle Act, 1988, which dealt with drunken driving.
The trial court had held that the officer shall be proceeded against under S. 279 IPC, for rash driving on a public way and Section 304 A for causing death by negligence, which attracts an imprisonment of two years with a fine or both.
However, those convicted under Section 304 can be awarded life imprisonment or imprisonment up to 10 years with a fine or both.
The prosecution case was that Mr. Venkitaraman, who was under the influence of, drove a car recklessly and fatally hit the back of the motorcycle of the journalist on August 3, 2019. However, R. Basant and Raghenth Basant, the counsel for the officer, contended that no case was made out against him under Sections 304 and 201 of IPC.
The Kerala High Court, while reversing the order of the trial court, had observed that the case diary showed that the investigation of the crime was shoddy and desultory.
The tenor of the argument of the State Attorney indicated that the officer was instrumental in successfully diverting the investigation.
