Adv. Akash Chikate

I have been following the recent judgment by the Kerala High Court in the case of IAS officer Sreeram Venkittaraman, who was accused of causing the death of a journalist while driving under the influence of alcohol. The court's ruling that the prosecution does not need to prove the accused was drunk at the time of the accident to establish culpable homicide under Section 304 of the Indian Penal Code is a significant development in the legal landscape.
The court held that if the accused consumed alcohol before driving and that contributed to the accident, then they can be held guilty of culpable homicide, regardless of whether they were drunk at the time of the accident. This is a departure from the earlier position that required the prosecution to prove that the accused was drunk at the time of the accident to establish culpable homicide.

Furthermore, the court observed that in cases of drunken driving resulting in death, the accused cannot be exonerated merely on the basis of a lack of documentary evidence, such as a blood alcohol test. The court recognized that there are instances where such evidence may not be available or may not be reliable, and the prosecution should not be disadvantaged by this.
This judgment underscores the gravity of the offense of drunken driving and the accountability of the accused in such cases. It emphasizes the need for drivers to exercise caution and responsibility when consuming alcohol, and the serious consequences that can result from drunken driving.

In my opinion, this judgment by the Kerala High Court will have far-reaching implications and send a strong message to society about the need to drive responsibly and avoid the devastating consequences of drunken driving. It also highlights the importance of having a robust legal framework that can hold offenders accountable and prevent such accidents from happening in the first place.

I believe it is crucial for us to continue engaging in conversations around road safety and creating awareness about the legal consequences of drunken driving. This will not only help in preventing accidents but also ensure justice for victims and their families.

What is 'Charge Sheet Framing'?

When an accused is on trial, all he gets is hearing dates. When the police complete the crime investigation committed by the accused, they inform the magistrate about the clauses under which the accused has been charged. The charge sheet is said to have been framed when the investigation of the crime is completed and the actual charges are framed. Only then does the accused have a chance to refute the charges against him in court.

‘चार्ज शीट फ्रेम करणे' म्हणजे काय ?

जेव्हा एका आरोपीवर खटला चालू असतो तेव्हा त्याला निव्वळ तारखा मिळत असतात. जेव्हा पोलिसांकडून आरोपीने केलेल्या गुन्ह्याचा तपास पूर्ण होतो तेव्हा ते दंडाधिकान्यांकडे सदर आरोपीवर कोणत्या कलमांखाली दोषारोप ठेवलेले आहेत त्याची माहिती देतात. अर्थात गुन्ह्याचा तपास पूर्ण करीत प्रत्यक्ष दोषारोपाची मांडणी करतात तेव्हा चार्ज शीट फ्रेम केली असे म्हणतात. न्यायालयात त्यानंतरच आरोपीला आपल्याविरुद्ध दोषारोष केलेल्या आरोपांचे खंडन करण्याची संधी मिळते.

The Supreme Court has passed several orders, granting divorce by mutual consent through the virtual hearing system.

On June 3, 2020, the bench of Justice Hrishikesh Roy, in exercise of its powers under Article 142 of the Constitution of India, passed the decree for dissolution of marriage by mutual consent in the case titled Anisha Arjun Raj v. Arjun Sundar Raj.