For Offence of Culpable Homicide, Not Amounting to Murder ‘Documentary Evidence to Prove the Fact of Drunkenness Not Necessary’: KHC

The Kerala High Court (KHC), allowing the criminal revision petition, sets aside the order of a Sessions Court, discharging an accused from the offence under Section 304 of the Indian Penal Code, 1860 (IPC) due to lack of documentary evidence. The KHC observed that “For the purpose of bringing home the guilt of an accused, under section 304 IPC, based upon drunken driving and the resulting knowledge of the consequences, it is not essential, in every case, that there should be documentary evidence to prove the fact of drunkenness.