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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
State Of Kerala Represented By The Public Prosecutor – Appellant
Versus
Sudheer @ Sudheerkumar – Respondent
JUDGMENT :
A. Badharudeen, J.
Crl.Appeal No.1556/2007 has been filed by the State of Kerala challenging the judgment of the Assistant Sessions Court, Tirur, in S.C.No.78/2004 dated 28.02.2018 whereby the Assistant Sessions Court acquitted the sole accused of the offence punishable under Section 304(ii) of the Indian Penal Code (‘IPC’ for short hereafter) while convicting and sentencing him for the offences punishable under Sections 279, 337, 338 and 304(A) of IPC.
2. During the pendency of this appeal before this Court, at the instance of the prosecution, the accused, who had been convicted and sentenced for the offences punishable under Sections 279, 337, 338 and 304(A) of IPC, had filed an appeal before the Sessions Court, Manjeri, challenging the said conviction and sentence vide Crl.Appeal No.326/2005. However, regardless of the pendency of Crl. Appeal No.1556/2007 before this Court, the learned Sessions Judge dismissed the appeal at the instance of the accused, as per judgment dated 28.02.2018 in Crl. Appeal No.326/2005
3. Crl.R.P.No.674/2018 has been filed challenging the said verdict.
4. Heard the learned Special Public Prosecutor appearing for the appellant/State of Kerala in Cr
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.
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.
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.
Every court while framing a charge in cases of death involving use of motor vehicles and a final report is filed alleging offence under Section 304 of IPC, trial court is obliged to apply mind and de....
The main legal point established in the judgment is that the omission in the charge to mention Section 304A of the IPC and the words ‘rashly or negligently’ would not render the conviction illegal, a....
Victim of accident cannot be held responsible for delay in registration of FIR.
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
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