The court affirmed that driving under the influence of alcohol and on the wrong side amounts to culpable homicide, as the accused acted with knowledge that such behavior could cause death.

Headnote:(A) Indian Penal Code - Sections 304 Part II and 304A - Motor Vehicles Act, 1988 - Section 185 - Culpable homicide not amounting to murder due to drunken driving resulting in death - Accused convicted under Section 304 Part II IPC for causing death while driving under influence of alcohol on the wrong side of the road - Evidence shows the accused had knowledge that his actions could cause death. (Paras 2, 5, 13, 21)

(B) Burden of proof in criminal cases - The prosecution bears the burden of proving the ingredients of the offence beyond reasonable doubt, presuming innocence in favor of the accused until proven otherwise. (Paras 5, 12, 18)

Facts of the case:
The accused drove a car under the influence of alcohol on the wrong side of the road, colliding with a motorcycle occupied by the deceased and two family members. The deceased died at the scene. (Paras 2, 5)

Findings of Court:
The trial court found sufficient evidence to convict the accused for culpable homicide not amounting to murder under Section 304 Part II IPC, given the nature of the act and the state of intoxication. (Paras 21, 22)

Issues: Whether the prosecution established that the accused committed culpable homicide not amounting to murder or merely a negligent act? (Para 10)

Ratio Decidendi: The court held that driving under the influence and on the wrong side constituted culpable homicide, as the accused knowingly risked causing death by his actions, distinguishing the case from others where mere negligence applied. (Paras 12, 13)

Result: Appeals dismissed.

JUDGMENT

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 on the spot. PWs 2 and 3 sustained injuries. The accused had driven the car under the influence of alcohol and through the wrong side with the full knowledge that his act was likely to cause death. Hence, as per the final report, the accused was alleged to have committed the offences punishable under Section 337, 304 Part II IPC and Section 185 of the Motor Vehicles Act , 1988 (the MV Act).

3. Based on Ext.P1(a) FIS of PW1, the Sub Inspector, City police station, Kozhikode, recorded on 06/05/2013 at 18:30 hours, Crime No.1050/2013, that is, Ext.P1 FIR, was registered. Investigation was conducted by PW14, the then Circle Inspector, Kozhikode, who after completing the investigation filed a final report alleging the commission of offences punishable under the aforementioned Sections.

4. On appearance of the accused, the jurisdictional magistrate after complying with the necessary formalities contemplated under Section 209 Cr.P.C. committed the case to the Court of Session, Kozhikode, where the case was taken on file as S.C. No.942/2013. Thereafter, the case was made over to the Additional Session Judge-III, Kozhikode, for trial and disposal. On 19/08/2015 a charge for the offence of culpable homicide not amounting to murder punishable under Section 304 Part II IPC , was framed, read over and explained to the accused to which he pleaded not guilty.

5. On behalf of the prosecution, PWs.1 to 17 were examined and Exts.P1 to P15 were got marked in support of the case. After the close of the prosecution evidence, the accused was questioned under Section 313(1)(b) Cr.P.C. regarding the incriminating circumstances appearing against him in the evidence of the prosecution. To all the questions, the accused answered that he does not know (അറിയി്ᩤ) and also submitted that he is innocent.

6. As the trial court did not find it a fit case to acquit the accused under Section 232 Cr.P.C., he was asked to enter on his defence and adduce evidence in support thereof. No oral or documentary evidence was adduced by the accused.

7. On a consideration of the oral and documentary evidence and after hearing both sides, the trial court by the impugned judgment found the accused guilty of culpable homicide not amounting to murder and proceeded to sentence him to rigorous imprisonment for three years and to a fine of ₹ 25,000/- and in default to imprisonment for one year under Section 304 Part II IPC . Set off under Section 428 Cr.P.C. for the period from 06/05/2013 to 09/05/2013 has been allowed. The fine amount if realized has been directed to be paid to PW2 as compensation. Aggrieved, the accused has come up in appeal.

8. It was quite persuasively, strenuously and vehemently argued by the learned senior counsel for the appellant/accused that the trial court committed a gross mistake in findin

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2024 Supreme(Online)(Ker) 89834

The court affirmed that driving under the influence of alcohol and on the wrong side amounts to culpable homicide, as the accused acted with knowledge that such behavior could cause death.

Cases Referred (7)

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