The Kerala High Court on Thursday set aside the order of the Thiruvananthapuram Additional Sessions Court discharging an IAS officer, Sriram Venkitaraman, from culpable homicide charge in a case registered in connection with a road accident that claimed the life of journalist K M Basheer.

A single bench of Justice Bechu Kurian Thomas set aside the part of the sessions court order that had discharged Venkitararman from the charges under Section 304 (culpable homicide not amounting to murder) and 201 (causing disappearance of evidence of commission of offence) of the Indian Penal Code (IPC).

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However, the court upheld the portion of the order that had discharged him for the offences punishable under Section 184, 185 (Driving dangerously) of the Motor Vehicle Act (MV Act) and 3(1)(2) of the Prevention of Damage to Public Property Act.

The order came in the revision petition filed by the state government challenging the Additional Sessions Court order discharging Venkitaraman from culpable homicide and other charges.

The court also discharged co-accused Wafa Feroze, to whom the car belonged and who was travelling with Venkitaraman at the time of the accident, from the case. Wafa  Feroze was charged with abetting the IAS officer to drive the car rashly.

The sessions court had, in October last year, dropped the charge under Section 304 of the IPC against Venkitaraman, but had said that the other charges, including Sections 304 A (causing death by negligence) and 279 (rash and negligent driving), stand.

KM Basheer, a journalist was killed in a road accident in 2019 when an overspeeding vehicle driven by Venkitaraman hit his motorcycle and ran over him, at the Museum Junction in Thiruvananthapuram. The prosecution alleged that Venkitaraman, who was accompanied by his friend Wafa Firoz, was boozed up when the accident occurred.

The court observed that the contention that there was an apparent attempt by the IAS officer to wriggle out of the timely medical test could not wholly be ignored. After being referred to the Government Medical College following the accident, he could not have gone to a private hospital unless he wanted to cause disappearance of the evidence.

“After being referred to the medical college hospital, the first accused could not have gone to a private hospital contrary to the reference unless he wanted to cause the disappearance of evidence of the alleged offence,” the Court said.