SUSEELAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.Appeal No.267/2016 under Sec. 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 Sec. 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 Sec. 337, 304 Part II IPC and Sec. 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 Ss. .