SURESHKUMAR, S/O KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) A trivial incident has ultimately led to the untimely death of a 23 year old police constable named Santhoshkumar who was not on duty and a very serious injury to PW2, Sivaprakasan aged 23.

(2.) ON 28.12.1999, a festival named "Minor Vilakku" was going on at the premises of the Chermba Bhagavathi Temple at Kammanthara within the local limits of the Kollengode Police Station. After attending the festival, PW1 and PW18 were on their way back, and were proceeding to the house of one Ramamoorthy, for preparing food in connection with the marriage of the daughter of Ramamoorthy scheduled to be conducted on the next day. They were passing through a narrow lane having just 2= feet width. While so, the accused was coming from Thallumannam side through the said narrow lane, from the opposite direction. May be because the lane was very narrow, the hand of PW18 hit on the body of the accused, which provoked the accused. In turn, the accused swiftly removed his chappal and beat with it on the left cheek of PW18, by which PW18 fell down. The accused simply returned to the place from where he was coming. PW1 and PW18 also returned to the temple compound where their friends were waiting. They reported the matter to the deceased, PW2, PW19, PW20 and some other friends who were there. They discussed the matter and decided to ask the accused as to why he had done so.

(3.) THE deceased was at first taken to the Taluk Head Quarters Hospital, Alathur from there he was referred to Medical College Hospital, Thrissur. From there, he was again taken to Aswini Hospital, Thrissur, where he succumbed to the injury on 31.12.1999 at 11.15 a.m. while undergoing treatment. PW2, who also sustained a very serious injury was at first taken to the Crescent Hospital, Thrissur from where he was taken to the Heart Hospital, Thrissur. PW2 had undergone treatment upto 12.1.2000.