PADMANABHAN GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in . Sessions Case No.85 of 1984 on the file of the Court of Session, Trivandrum, is the appellant. He was charged for offence punishable under S.302, I.P.C. The lower court found him guilty of the said offence and sentenced him to undergo imprisonment for life. Aggrieved by the conviction and sentence passed by the lower court, the accused has filed this appeal.

(2.) The prosecution case may be. summarised as follows :- The appellant is the owner and driver of lorry No.KLQ.6855. The deceased Sivadasan was its cleaner. The occurrence took place on 28-8-1983 at 2.30 p.m. at the premises of the petrol bunk of Radhakrishnan and Company situated on the western side of the road near Kilimanur junction. P.W.1 went to Kilimanur market to borrow Rs.15/- from one Kamalan. He borrowed the money from him and purchased some medicines from a drugs shop and was returning home. On the way he found Sivadasan sitting on a verandah of shop of Anandan Muthalai situated near the market. The appellant was also with him. Thereupon P.W.1 asked the appellant to lend him Rs.1.50. The appellant gave him Rs.1.20. Sivadasan asked the appellant to give 25 paise more to him and accordingly the appellant gave 25 paise more. In the course of conversation P.W.1 disclosed to them that he was coming after borrowing Rs.15/- from Kamalan. Thereupon the appellant asked P.W.1 to lend him Rs.9/- promising to return the same within two hours. P.W.1 acceded to the request. The appellant and Sivadasan went towards Kilimanur Junction. P.W.1 waited in a panshop near the market till 1.30 p.m. but the appellant did not turn up. Thereupon P.W.1 went towards Kilimanur Junction and found lorry Sheeja which belonged to the appellant lying at the petrol-bunk of Radhakrishnan and Company. The appellant was also seen near the lorry. P.W.1 asked him to return the money but the appellant replied that he had no money at the moment. This led to a wordy quarrel in the course of which P.W.1 gave a push to the appellant. The appellant fell down. One Sucheendran came there and persuaded P.W.1 not to quarrel and undertook that he would pay Rs.9/-. Sucheendran took P.W.1 towards the shop of Raveendran situated on the southern side of the petrol bunk. Then the appellant shouted out that nobody should take P.W.1 and if Rs.30/- was in his possession he would be killed by running the lorry. Vijayan the owner of the bunk told them not to quarrel in the premises of the bunk and to remove the lorry. At that time the deceased Sivadasan was standing near the pillar on the eastern extremity of the southern wall of the petrol bunk. He tried to pacify PW1 saying that he would pay to P.W.1 Rs.18/- instead of Rs.9/-. P.W.1 replied that Sucheendran would get the amount. At that time the accused got into the lorry and started the lorry and reversed the lorry to some distance and then applied the forward gear and drove with high speed aiming at P.W.1. Apprehending danger P.W.1 stepped aside from the path of the lorry and got into the compound of the petrol bunk. The lorry hit against the deceased Sivadasan and Sivadasan fell down. The appellant again reversed the lorry. At that time P.W.1 moved towards Sivadasan, who was found lying on the ground. The appellant applied the forward gear and made a second attempt to run the lorry over P.W.1. P.W.1 however moved away. The lorry hit against the eastern portion of the southern compound wall and the pillar and a portion of wall collapsed and the stones fell on the head and other parts of the body of the deceased Sivadasan. The appellant took the lorry in reverse gear again and made a third attempt against P.W.1. While he was trying to run the lorry over P.W.1, P.W.1 mustered courage and got into the cabin of the lorry. Subhash and others also got into the lorry from the other side and all of them overpowered the appellant and effectively prevented him from driving the lorry and the lorry was stopped. They brought out the appellant from the lorry and he disappeared. P.W.1 and others ran to Sivadasan and removed the stones and debris from the body of Sivadasan and found him dead. Thereupon P.W.1 proceeded to Kilimanur Station at about 2.30 p.m. and gave Ext.P1 statement before P.W.8 the S.I. of Police, Kilimanur on the basis of which FIR was registered as Crime No.131 of 1983. P.W.9 the C.I. of Police Venjarammood held inquest over the dead body at the scene of occurrence and prepared Ext.P6 inquest report. He took also the lorry KLQ-6855 into custody. The appellant was arrested on 5-91983 at 10 a.m. P.W.1 had sustained some minor injuries and he was sent to the Public Health Centre where P.W.3 the Asst. Surgeon examined him and issued Ext.P2 wound certificate. Postmortem was conducted by P.W.5 who issued Ext.P3 postmortem certificate. P.W.10 the successor of P.W.9 verified the investigation and laid final report before the Judicial Magistrate of II Class, Attingal on 3-5-1984 who committed the appellant to stand trial before the lower court.

(3.) On the accused pleading not guilty to the charge, the prosecution examined P.Ws.1 to 10 and marked Exts.P1 to P9 and M.Os.1 to 4. Ext.D1 a portion of the case diary statement of P.W.2 was marked on behalf of the defence.