Sriram, Wafa spared of 'culpable homicide charge' over journo's death

Thiruvananthapuram: A court here on Wednesday spared Kerala bureaucrat Sriram Venkitaraman and his associate Wafa Firoz of culpable homicide charge over the 2019 death of journalist KM Basheer in a midnight road accident in the heart of Kerala capital.  

The Additional District Sessions Court removed Section 304 (2) from the chargesheet, but retained Section 304 (A) pertaining to causing death by negligence while considering the discharge petitions of the two accused.

The duo, Sriram and Wafa, will also be tried under Sections 201 (causing disappearance of evidence of an offence or giving false information) of the Indian Penal Code (IPC) and  sections 184 (dangerous driving), 185 and 188 of the Motor Vehicles Act.

Sriram and Wafa are the first and second accused in the case.

While crimes under Section 304 (2) are punishable with an imprisonment of up to 10 years, Section 304 (A) will fetch a penalty of only two years of imprisonment. The former IPC section pertains to "act that has been committed with the knowledge that it is likely to cause death but without any intention to cause death or any bodily injury resulting in causing death."

The further proceedings in the case has been shifted to the Judicial Magistrate Court-1 after the omission of Section 304 (2). The case will be considered again on November 20.

Sriram's defence

Under the Criminal Procedure Code, 1973, the discharge petition is the remedy that is granted to the person who has been maliciously charged. It is usually filed in warrant cases for serious crimes that are punishable by death or imprisonment for more than 2 years.

While the prosecution maintained that it was reckless driving under the influence of alcohol that resulted in the untimely death of Basheer, Sriram argued that there is no evidence that he was drunk.

Prosecution claim

The prosecution pointed out that Sriram, a doctor, allowed police to collect his blood sample for examination nine hours after the accident. By getting himself admitted to a private hospital here, Sriram botched the chances of getting a proper result. His arrest was recorded nearly 17 hours later, the prosecution said. 

Sriram was indeed drunk based on the testimony of witnesses, the prosecution added.

However, Sriram's lawyers said that it was only accidental death. The blood sample test had not reported any trace of alcohol, they pointed out.

The accident

KM Basheer was run over by a car allegedly driven by Sriram at high speed, near Museum Junction in Thiruvananthapuram in 2019.

The charge sheet, filed before the Judicial First-Class Magistrate court, has listed 100 witnesses and submitted 75 materials of evidence.

The accident and the botched probe that followed resulted in a huge controversy. Sriram was placed under suspension by the State government then.

He is currently the General Manager of Kerala State Civil Supplies Corporation Ltd.