Court convicts EMPEE’s Shaji Purushothaman in 2013 fatal drunk driving case

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The prosecution relied on a medical certificate issued by the Government Royapettah Hospital to support its allegation that Shaji Purushothaman, the first accused, was under the influence of alcohol.

The prosecution relied on a medical certificate issued by the Government Royapettah Hospital to support its allegation that Shaji Purushothaman, the first accused, was under the influence of alcohol.
| Photo Credit: RAVINDRAN R

More than 13 years after a drunk driving crash in Chennai claimed the life of a 13-year-old boy and left five others injured, a city court has convicted Shaji Purushothaman, scion of the EMPEE Group, in the culpable homicide case. The court also issued a non-bailable warrant after he failed to appear for the pronouncement of judgment, citing ill health.

According to the prosecution, Shaji Purushothaman, along with three others, consumed alcohol on the night of May 22, 2013 and under the influence of alcohol and with the abetment of three of his friends, drove a Mercedes Benz car in a rash and negligent manner. At about 1 am on May 23, when the car was nearing a maternity hospital at Egmore, he lost control of the vehicle, crashed against the right front wheel of a police patrol vehicle which came in the opposite direction. Thereafter, the car swirled and dashed against a motorcycle parked in the bus shelter and ploughed into the bus shelter. Two boys, aged about 19, who were fixing flex advertisement boards in the bus shelter sustained severe injuries. Then the vehicle rammed children sleeping on a pavement nearby and caused injuries to five persons – Master Muniraj, 13, Subarchita, a minor girl, Vasu, Khaja Mohideen, and Mani.

Based on the information given by an eyewitness, Rajesh, a case was registered. Muniraj succumbed to injuries at 10.30 pm on May 23. Shaji who was cited as accused number one was arrested by the police on July 30, after being declared proclaimed offender. Along with Shaji, R.M. Kumar, a driver from Vyasarpadi, his friends Syed Anwar and Anil Rao from Hyderabad were cited as other accused.

The prosecution alleged that first accused Shaji did not possess an effective driving license. None of the accused attempted to aid the injured or inform the police about the accident.

The prosecution disputed Shaji’s claim that his friend Kumar was driving the car. It maintained that Shaji himself was driving at the time of the accident. His name was mentioned in the FIR, and two co-passengers (arrayed as A-3 and A-4) gave confessional statements under Section 164 Criminal Procedure Code before a Magistrate, stating that Shaji was driving the vehicle after consuming alcohol. Other witnesses examined during the investigation also identified him as the driver.

The prosecution further relied on a medical drunkenness certificate issued by the Government Royapettah Hospital to support its allegation that Shaji was under the influence of alcohol. It also stated that the Inspector of Police who had allowed him to leave the accident scene was placed under suspension, following which the investigation was transferred to an Assistant Commissioner of Police.

During the trial, Syed Anwar was discharged from the case and Anil Rao got relief from the trial. On the prosecution side, advocates M. Anand and Kalaichelvan appeared.

At the conclusion of trial, VII Additional District Sessions Judge P. Srikumar pronounced the judgement in the case on Monday. The Judge said the accused Shaji Purushothaman is found guilty of the offences under sections 304(II) (culpable homicide not amounting to murder) and 308 (Attempt to commit culpable homicide) (4 counts) of the Indian Penal Code, read with section 3(necessity of having driving licence) read with 181 (penalises driving without a valid licence) 185 (driving or attempting to drive a motor vehicle under the influence of alcohol or drugs) of the Motor Vehicles Act.

The driver, Kumar, was acquitted.

When the judgment was pronounced on Monday and the case was called for questioning, the accused A1- Shaji did not appear. The petition that the counsel for Shaji had filed for the latter’s absence was dismissed as it was not substantiated by acceptable evidence, the Judge noted in his order.

A non-bailable warrant was issued by the Judge against Shaji for securing him and producing him before the court for questioning. The Judge also ordered the police to secure Shaji and produce him on Tuesday before the court for questioning him on the quantum of sentence.

However, on Tuesday, the police sought further time citing that they were not able to secure him and said efforts are on to secure Shaji. Hence, the court adjourned the matter to July 15 and directed the police to secure him before the next hearing.



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