SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment of conviction and sentence dtd. 30/12/2005 passed by the Additional District and Sessions Court, Fast Track (Adhoc)-II, Kottayam. The appellant/accused No.1 faced trial for the alleged commission of the offences punishable under Ss. 304 and 395 of the Indian Penal Code.

(2.) The appellant was accused No.1. He was convicted under Sec. 304 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of five years. He was acquitted of the offence under Sec. 395 of IPC. Accused Nos.2 to 5 were acquitted of the offences alleged.

(3.) The prosecution case unfolded during trial is as follows: The jeep bearing No.KL 5A-3849 was subjected to a hire-purchase agreement. One Sri.Gorphy Gabriel was in possession of the jeep. The appellant and the other accused, on 13/12/2003 at 7.20 p.m., repossessed the vehicle at the instance of the hirers. The vehicle was taken from Cholathalam-Mannam road. The appellant/accused No.1 was driving the vehicle. He drove the vehicle in a rash and negligent manner. When the vehicle reached Kavali junction, the appellant/accused No.1, with the knowledge that he was likely to cause the death of the persons assembled there, drove the vehicle over the rocks and wooden logs placed across the road to prevent the vehicle from moving further and hit Sri.Kurian Mathew, who later succumbed to the injuries.