Kerala High Court Refuses To Discharge Bus Driver In Fatal Accident Case Despite FIR Based On Non-Eyewitness Statement

The Kerala High Court has dismissed a revision petition filed by a bus driver accused in a 2016 road accident that claimed the life of a motorcyclist, despite arguments that the prosecution's case rested on a First Information Report (FIR) registered on the basis of a statement from a non-eyewitness relative of the deceased.Dr. Justice Kauser Edappagath, dismissed the revision petition. The revision petitioner is facing trial for offences punishable under Section 304 [Punishment for culpable homicide not amounting to murder] of IPC and Section 134(a)(b)[Duty of driver in case of accident and injury to a person] read with Section 187 [Punishment for Offence relating to accidents] of the Motor Vehicles Act. According to the prosecution, the accident occurred on December 7, 2016, when a bus allegedly driven at high speed by the petitioner struck the motorcycle of Arjun Karun, causing fatal injuries. The revision petition was filed challenging the dismissal of the application for discharge before the trial Court. The counsel for the revision petitioner highlighted contradictions between the FIR and the subsequent final report. While the FIR suggested a head-on collision with the vehicles coming from opposite directions, the final report stated that both the bus and the motorcycle were travelling in the same direction. It was argued that such inconsistencies, coupled with the fact that the FIR originated from a non-eyewitness account, cast serious doubt on the prosecution's case and warranted discharge.The Court held that these discrepancies could not, at this stage, justify dismissing the charges. “ The FIR was registered based on the statement given by the uncle of the deceased who was not an eye witness. Therefore, the said contradiction cannot be a ground to disbelieve the prosecution case.” the Court observed. The Court thus dismissed the revision petition, with liberty to the accused to raise all his contentions during trial.Case Title: Rajan V K v State of Kerala and AnotherCitation: 2025 LiveLaw (Ker) 582Case No: Crl. Rev. Pet 1070/ 2019Counsel for Revision Petitioner: Nirmal S, Veena HariCounsel for Respondent: Sharan Shahier, E C Bineesh (Sr. PP)Click Here To Read/ Download Judgment

Kerala High Court Refuses To Discharge Bus Driver In Fatal Accident Case Despite FIR Based On Non-Eyewitness Statement

Anamika MJ

Tags