Basheer death case: Court slams police

Thiruvananthapuram: While issuing the order dropping culpable homicide charges against Sriram Venkitaraman in the accident case that led to the death of journalist KM Basheer, the first additional district sessions court criticized the lapses in the investigation conducted by the police.
It was the lack of evidence that forced the court to remove Section 304 of the IPC (culpable homicide not amounting to murder) and instead included Section 304-A ( causing death by negligence). Under Section 304 the punishment is minimum 10 years’ imprisonment and under Section 304-A the offence provides a sentence of two years’ imprisonment.
In its order accessed by TOI, the court has observed that the respondent was brought to the hospital a few minutes after the incident by officers of the museum police station. They were bound to act in accordance with Sections 202 to 205 of the Motor Vehicle Act. After failing to follow the procedure, the police cannot rely on eye witnesses and assert that the offences under Section 185 of MV Act would apply.
The court also pointed out that the police did not collect enough evidence to prove that Venkitaraman was drunk at the time of the accident though witnesses stated that they smelled alcohol on his breath. The statement of a witness must have the backing of evidence. Despite knowing this, the police did not collect blood samples of the accused on time.