BURASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.251/2024 of the Harbour Police Station, Ernakulam registered against him for allegedly committing the offence punishable under Sec. 304 of the Indian Penal Code. The petitioner was arrested on 8/2/2024,

(2.) The crux of the prosecution case, is that; on 7/2/2024, at around 22.20 hours, the accused drove the lorry bearing No. KL 41 F-0730 in a manner endangering human life through the Kundannur-BOT road, on the wrong side of the road, and when the lorry reached near the Kadai restaurant it hit against the motorcycle which was ridden by one Miras (deceased). In the incident, the deceased sustained fatal injuries and lost his life. The accused fled away from the scene without stopping the vehicle. Thus, the accused has committed the above offence.

(3.) Heard; Sri. Arjun S., learned counsel appearing for the petitioner and Smt. Shynimol V.O. the learned Public Prosecutor.