ORDER

This Revision is filed against the order dated

25.11.2022 of the Assistant Sessions Judge, Chavakkad in C.M.P. No.24/2021 in S.C. No.554/2019. It is an order passed by the learned Assistant Sessions Judge in an application filed by the petitioner for discharge under Section 227 Cr.P.C. The petitioner was charge sheeted alleging offences punishable under Sections 304 and 338 of the Indian Penal Code . 2. The prosecution case is that, on 26.11.2018, Muhammed Nisam, S/o. Moidu came to the Vadakkekad Police Station and launched a complaint. It is stated that, at 4 pm, he, his brother Noufal, friends Musabir, Asarjan, Asharaf and Rafeek were standing near on the west of the National Highway road near Andathode Panchayath ground. At that time, a pick up van came in over speed from the west. On seeing the vehicle, he, Ashraf and Rafeek ran away. However, the vehicle hit Noufal, Musabir and Aharjan. They sustained severe injuries. Immediately, they were taken to Raja Hospital. Noufal died from the Hospital. Other two were taken to Aswini Hospital. According to the prosecution, the driver of the van after knowing fully well that an accident will take place if the vehicle is driven in su