IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 449 of 2011() ------------------------ CC.394/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... PETITIONER(S): ACCUSED: ------------------------------------------ DR.KURIAN,S/O.VARGHESE,AGED 58 YEARS, T.C.15/1865,KARUMANKODU VEEDU,G.H.S.HOUSE,ROAD, KUNNUKUZHI,HRISHIMANGALAM,THIRUVANANTHAPURAM. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): COMPLAINANT AND STATE: ---------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE,VATTAPPARA POLICE STATION,THIRUVANANTHAPURAM - 695 005. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.449 of 2011 -------------------------------------- Dated this the 11th day of February, 2011. ORDER Petitioner is the accused in C.C.No.394 of 2010 of the court of learned Judicial First Class Magistrate-I, Nedumangad for offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code (for short, “the Code”). The allegation is that petitioner drove the offending vehicle in a rash and negligent manner so as to endanger human life along public road and caused the vehicle hit the deceased. The latter sustained injuries and succumbed to it in the course of treatment after 45 days of the incident. According to the learned counsel, final report filed by the Police incorporating Section 304A of the Code is not sustainable since Annexure-VI, certificate of postmortem examination would show that death was due to infection of the wounds. I have heard learned counsel for petitioner and the learned Public Prosecutor who took notice for respondents. 2. Annexure-VI, certificate of postmortem examination states that death was due to pulmonary thromboembolism following injury sustained to right lower limb. True that while describing the antemortem injuries there is reference to some of the wounds being infected. From that, at this stage it is not possible to infer that there was any laches on the part of the Medical Officers in treating the injured and that resulted in the death. If death was due to natural Crl.MC No.449/2011 2 consequence of the injuries suffered, petitioner cannot escape from liability under Section 304A of the Code. At any rate these are not matters to be decided in a proceeding under Section 482 of the Code of Criminal Procedure. Disputed facts are to be thrashed out in the trial. It is open to the petitioner to bring out from the Medical Officer who conducted the postmortem examination or by other appropriate evidence that the death is not attributable to the injuries suffered by the deceased but as petitioner claims was on account of any laches or negligence in the treatment of the deceased. I do not find reason to interfere at this stage. Resultantly this petition is dismissed without prejudice to the right of petitioner to take up appropriate defence in the course of trial. THOMAS P.JOSEPH, Judge. cks