FINIL BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is aggrieved by the dismissal of his application for discharge under Sec. 227 Cr.P.C.

(2.) The petitioner is the accused in SC No.87/2020. In the said case, the prosecution alleged that on 3/7/2018 at about 1.45 am, in front of the Private Bus Stand, Nagampadam, Kottayam, the petitioner/accused on account of his rash and negligent driving of motorcycle bearing registration No.KL-05AR-6350, that too at enormous speed, hit against a Police Constable attached to the Kottayam East Police Station, who was engaged in night patrol duty and caused his death. The petitioner was chargesheeted for offences punishable under Ss. 279 and 304 IPC.

(3.) The petitioner filed Crl.M.P.2833/2022 stating that there is absolutely no reason to frame charge against him under Sec. 304 IPC. Since he had no knowledge that his act would cause the death of the deceased, the charge under Sec. 304 IPC will not stand against the petitioner. The Additional Sessions Judge held that the petitioner drove the motorcycle in a rash and negligent manner at high speed at night and hit a Police Officer who was discharging his official duties. A prudent man never drives a vehicle at a high speed especially at night. The knowledge of the accused under Sec. 299 IPC is a question of fact. It can be ascertained at trial only. The Additional Sessions Judge dismissed the Crl.M.Application for discharge as per order dtd. 9/1/2023. It is against the said order dtd. 9/1/2023 that the petitioner has filed the Criminal Revision Petition invoking Ss. 397(1) and 401 Cr.P.C.