SREEDHARAN SATHEESAN, KUZHIVILA VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) A minor dispute regarding payment of Rs. 500.00 between two drivers resulted in the death of one and the prosecution of the other for murder, which ultimately led to his conviction and sentence to undergo imprisonment for life under Sec. 302, IPC.

(2.) The facts exposed by the prosecution through P.Ws. 1 to 17 are briefly stated below : Deceased Sathyaseelan and accused Satheesan are drivers by profession. The deceased was employed in KSRTC during the relevant time. The accused was the driver of a mini lorry named 'Kavitha' bearing registration No. KCT 3324 owned by P.W.9, Sabeeda Devi. On 1-12-1988, the KSRTC bus driven by the deceased collided with the lorry driven by the accused causing minor damage to the lorry. P.W.10 was the conductor of the KSRTC bus at the time of the accident. The deceased and the accused belonged to the same locality and were neighbours and so the matter was not reported to the police as the dispute was settled between the two drivers. As per the agreement, half the amount required for repairing the lorry was to be met by the deceased. It is stated that the accused informed the deceased that the repairs did cost Rs. 1,000.00 and he demanded half of the said amount from the deceased. The deceased found it difficult to make payment of that amount.

(3.) The shop owned by one Vijayan is situated at a place called Keezhattingal junction. It was the practice of P.W.1, the deceased and a few others to meet there during evenings and to play cards. On 15-12-1988, as usual, they were playing cards in the said shop from 7 p.m. onwards. At about 7-30 p.m., the accused came to the shop driving his lorry and parked the same in front of the shop. The accused called the deceased and got him out of the room. Both of them started discussion regarding the payment of Rs. 500.00 for the repair of the mini lorry belonging to the accused. The deceased was not in a position to make payment then, but the accused insisted for payment forthwith. In spite of the insistence when payment was not forthcoming, the accused threatened the deceased that he will have to face the consequences if the amount is not paid immediately. Thereupon, the deceased retorted that the accused cannot do anything in the matter. On hearing this, the accused got into his lorry and switched on the engine and the headlights, reversed it for few feet and took the lorry forward at a high velocity and caused it to knock down the deceased. As a matter of fact, the deceased was knocked down and he was thrown to a distance of about five meters. The accused drove the vehicle in such a way that the left tyre of the lorry ran over the deceased which crushed his thigh and pelvic region. Hearing the alarm raised by the deceased, P.W.1 and others rushed to the spot. P.W.1 asked the deceased as to what happened to him to which the deceased replied that the accused "killed him". The deceased was immediately removed to the hospital by P.Ws. 1 and 8, the nephew of the deceased. P.W.14, Dr. T.S. Angel examined him and after five minutes, the deceased breathed his last. Then P.W.1, after informing the wife and children of the deceased about the death of the deceased, went to the Kadakkavoor police station and gave Ext.P1 statement to P.W.15, Sub Inspector of Police who registered Crime No. 165/88 under Sec. 302, IPC. Ext.P1(a) is the First Information Report. Later, the investigation was taken over by P.W.17, Circle Inspector of Police. P.W.17 conducted inquest one dead body of the deceased on 16-12-1988 and prepared Ext.P12 report. He also took into custody M.O.1 shirt, M.O.2 Kaili and M.O.8 black twine which were found on the body of the deceased. Autopsy was conducted by P.W.16, Dr. S. Mahesh Kumar and issued Ext.P11 certificate. Ext.P9 scene mahazar was prepared by P.W.17. P.W.12, the village officer, prepared Ext.P8 plan. Motor Vehicle Inspector (P.W.11) inspected the lorry driven by the accused and issued Ext.P6 certificate. Later, investigation was completed by P.W.17 who laid the charge-sheet.