The Kerala high court on Thursday said the charge of culpable homicide not amounting to murder was made out against IAS officer Sreeram Venkitaraman in a road accident case that resulted in the death of journalist KM Basheer in 2019.
Justice Bechu Kurian Thomas partly set aside the sessions court order which had discharged the IAS officer from the charge of culpable homicide not amounting to murder under Section 304 and destruction of evidence under section 201 of the Indian Penal Code.
The sessions court had discharged Venkitaraman for the offence under Section 304 IPC as there was no medical report indicating he was drunk at the time of the accident.
The high court said that absence of a medical report regarding the level of intoxication cannot be a reason for discharge under Section 304 of IPC if there are other materials to arrive at a prima facie conclusion that the accused was driving after consuming alcohol.
"For the purpose of bringing home the guilt of an accused, under Section 304 IPC, based upon drunken driving and the resulting knowledge of the consequences, it is not essential, in every case, that there should be documentary evidence to prove the fact of drunkenness.
"If the circumstance of the case and the statement of the witnesses inspires the court to come to a conclusion that the accused was driving the vehicle in a drunken state, in the absence of a statutory mandate for a medical report, the absence of such a report by itself need not deter the court from arriving at such a conclusion," Justice Thomas said.
He said that the circumstances leading up to the accident and the materials collected during the investigation lead to a prima facie assumption that the car was over-speeding, Venkitaraman was driving after consuming alcohol and that he even caused destruction of evidence related to the offence.
Giving details of the circumstances which led to its prima facie view, the high court said the accused was not subjected to a medical or alcohol test by the doctor of General Hospital at Thiruvananthapuram after the accident despite noting the smell of liquor.
The police permitted the IAS officer to be taken in a private vehicle by a friend to a private hospital and Venkitaraman did not allow anyone to draw his blood sample for several hours.
"These circumstances raise eyebrows. In the above perspective, the contention that there has been an apparent attempt on the part of the first accused (Venkitaraman) to wriggle out of a timely medical test cannot be wholly ignored."
"After being referred to the Medical College Hospital, the first accused could not have gone to a private hospital, contrary to the reference, unless he wanted to cause the disappearance of the evidence of the alleged offence," the high court observed.
It further said that from the "above circumstances and the materials collected in support of the above prosecution case, it can be prima facie assumed that the first accused was over-speeding and was driving the vehicle after consuming alcohol and had even caused the destruction of evidence relating to the offence".
"In such circumstances, the first accused (Venkitaraman) cannot be discharged for the offence under section 304 and section 201 IPC. Resultantly, the discharge of the first accused for those two offences by the order impugned is improper and irregular," it added.
The court, however, discharged co-accused Wafa Feroze from the case saying that there was "not an iota of material" to indicate she had intentionally aided, instigated or conspired with the IAS officer to commit the offence.
The order came on the criminal revision petition filed by the state government against the sessions court verdict.
The sessions court had in October last year dropped the charge under Section 304 and 201 of the IPC against Venkitaraman, but had said that the other charges, including Sections 304 A (causing death by negligence) and 279 (rash and negligent driving) stand.
Feroze was charged with abetting the IAS officer to drive the car rashly.
Venkitaraman was allegedly drunk and behind the wheel of the speeding car which had fatally knocked down the journalist in Thiruvananthapuram in August 2019, according to the police.
The IAS officer was returning from a private party past midnight. The car hit journalist Basheer, who was on his motorcycle, killing him on the spot.
Venkitaraman, a doctor himself, allowed the police to collect his blood sample for examination nine hours after the accident and after getting himself admitted to a private hospital.
His arrest was recorded nearly 17 hours later. The IAS officer was suspended from service two days later and his driving licence cancelled.
Venkitaraman was reinstated in March 2020 and appointed as joint secretary-health.
Later in July last year, he was appointed as the Alappuzha collector, but was removed due to criticism from the public and political parties.
Subsequently, he was appointed as the general manager of Kerala State Civil Supplies Corporation Limited.
