Kerala High Court sets aside Sessions Court order discharging IAS Officer Sriram Venkitaraman of culpable homicide charge

The Kerala High Court on Thursday set aside the order of a Sessions Court discharging IAS Officer, Sriram Venkitaraman of culpable homicide charge in a road accident case. [State of Kerala v Sreeram Venkittaraman] [Wafa Najim @ Wafa Firoz v State of Kerala].Justice Bechu Kurian Thomas set aside the part of the Sessions Court order that had discharged Venkitararman of the charges under Section section 304 (culpable homicide not amounting to murder) and 201(causing disappearance of evidence of commission of offence) of the Indian Penal Code (IPC).However, Jusitce Thomas upheld the portion of the order that had discharged him for the offences punishable under Section 184, 185 (Driving dangerously) of the Motor Vehicle Act (MV Act) and 3(1)(2) of the Prevention of Damage to Public Property Act..The revision petition filed by another accused Wafa Firoz was allowed and she was discharged for the offence under section 188 of the MV Act on abetment..In 2019, Venkitaraman was driving a car that rammed into a journalist named KM Basheer, killing him.The police allegedly found Venkitaraman an inebriated state after the accident. However, there was significant delay in collecting his blood sample for testing the alcohol level as Venkitaraman had managed to check himself out of the government hospital where the police had taken him.Subsequently, a case was registered against Venkitaraman and the passenger in the car at the time, Wafa Firoz, by the Museum Police, Thiruvananthapuram.In October 2022, the Additional District and Sessions Judge -I, Thiruvananthapuram discharged Venkitaraman and Firoz of the offences under Section 304 , 201 of the Indian Penal Code (IPC), Section 185 of the Motor Vehicles Act (MV Act), and Section 3(1)(2) of the Prevention of Damage to Public Property Act.However, the Court framed charges against Venkitaraman under Sections 279 (rash driving) and 304(A) (causing death by negligence) of the IPC and Section 184 Of MV Act and Firoz of section 188 and 184 of IPC..Today's order was issued on two pleas moved after the Sessions Judge's decision. One was moved by the State government challenging the Sessions Court order and the other was moved by Wafa Firoz challenging the decision of the Session court framing charges against her. .The plea moved by the State said that the order was passed the court below without considering the materials produced before it."The court below without considering the materials produced before the court exceeded the jurisdiction in holding that 1st accused did not drive the vehicle with either an intention to kill or with the knowledge that his act might result in the death of the deceased and also held that act of the 1st accused was merely a rash and negligent act within the meaning of Section 304 A of Indian Penal Code," the plea said.The appellant-State pointed out that Venkitaraman, being a qualified doctor and a senior Civil Servant was well aware of the consequences of driving while inebriated. There may be knowledge of likely consequences without any intention and, therefore, the Court ought not have dropped the culpable homicide charge, it was contended.