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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SHAIK ABDUL MAJEED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. prosecution details of the traffic accident. (Para 2 , 3) |
| 2. ingredients for culpable homicide and negligence established. (Para 5 , 6) |
| 3. discharge from section 304 ipc due to insufficient evidence. (Para 7) |
| 4. allowed charges retained under sections 279, 338, and 304a ipc. (Para 9) |
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
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