The Kerala High Court on Thursday set aside the Thiruvananthapuram Additional Sessions Court order discharging IAS officer Sriram Venkitaraman from the charges under sections 304 and 201 of the Indian Penal Code (culpable homicide not amounting to murder and causing disappearance of evidence respectively) in a case registered in connection with a road accident that claimed the life of journalist K.M. Basheer.
Justice Bechu Kurian Thomas while partially allowing a revision petition filed by the State government challenging the Additional Sessions Court order discharging the IAS officer from the culpable homicide and other charges, including the one under the Motor Vehicles Act.
Journalist lost life
Basheer, a journalist based in Thiruvananthapuram, was killed in a road accident in 2019 when a speeding vehicle driven by Venkitaraman hit his motorcycle and ran over him, at Museum Junction in Thiruvananthapuram. The prosecution alleged that Venkitaraman, who was accompanied by his friend Wafa Firoz, was drunk when the accident occurred.
The court observed that it was evident that the materials brought out after investigation, if proven, could bring out the guilt of Venkitaraman for the offences under section 304 and section 201 of the IPC. In such circumstances, he cannot be discharged for the offences under section 304 and section 201 of the IPC.
Lack of medical report
The court further observed that it could prima facie be assumed that he was driving the vehicle after consuming alcohol and had even caused the destruction of evidence. The court also observed that the absence of medical report regarding the level of intoxication could not be a reason for discharging a person under Section 304 IPC, if there are other materials to arrive at the conclusion that the accused was driving the vehicle after consuming alcohol.
The court added that the contention that there was an apparent attempt by the IAS officer to wriggle out of the timely medical test could not wholly be ignored. After being referred to the Government Medical College Hospital, Thiruvananthapuram, following the accident, he could not have gone to a private hospital unless he wanted to cause disappearance of the evidence.
Discharges MV Act charges
The court, however, upheld the decision of the sessions court to discharge him from the offences under section 185 of the Motor Vehicles (MV) Act (drunk driving, driving under the influence of drugs ) and the offence under section 3(2) of the Prevention of Damage to Public Property Act.
The court also allowed a revision petition filed by Wafa Firoze and discharged her from the offence under section 188 of the Motor Vehicles Act (punishment for abetment of certain offences).
