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C. S. SUDHA
Suseelan, S/o. Gangandharan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
JUDGMENT :
(C.S. Sudha, J.)
Crl. Appeal No.267/2016 under Section 374(2) Cr.P.C. has been filed by the accused in S.C.No.942/2013 on the file of the Court of Session, Kozhikode, challenging the conviction entered and sentence passed against him for the offence punishable under Section 304 Part II IPC. Crl.Appeal (V) No.363/2017 has been filed by PWs.2 and 3, the wife and son of the deceased, aggrieved by the compensation awarded and the question of sentence awarded to the accused.
2. The prosecution case is that on 06/05/2013 at 18:00 hours, the deceased Shaji Kumar was riding motorbike bearing registration No.KL-11/AN-2794 along with PWs 2 and 3, his wife and son respectively as pillion riders along the Thadambattuthazham – Kannadikkal road, which road is lying in the east-west direction. The deceased and PWs.2 and 3 were moving from the west to east. When they reached the place by name, Kannadikkal - Policha Peedia, car bearing registration No.KL-11/R-5809 driven by the accused came from the opposite direction, that is, from east to west through the wrong side of the road and dashed against the motorbike resulting in all three of them being thrown on to the road. Shaji Kumar died o
Driving under the influence of alcohol and on the wrong side of the road constitutes culpable homicide not amounting to murder, justifying conviction under IPC Section 304 Part II.
Knowledge of likely fatal consequences in reckless driving can elevate culpable homicide to be charged under Section 304 Part II IPC instead of Section 304A IPC.
The court confirmed that knowledge of a likelihood of death is essential for culpable homicide under S.304 Part II IPC, distinguishing it from negligence under S.304A IPC.
It is settled law that sentence to be imposed in a case should be consistent with atrocity and brutality with which crime has been perpetrated, enormity of crime warranting public abhorrence and it s....
The judgment outlined that driving with a known disability and without a license constitutes culpable homicide when it leads to death, under Section 304 Part II of IPC.
Section 107 IPC deals with offence of abetment.
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