REHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence under Section 302 of the Indian Penal Code in S.C.No.918 of 2008, dated 13.1.2015, of the Additional Sessions Judge III, Mavelikkara, the accused came up with this appeal.

(2.) The crime has been registered in connection with the death of one Shany by alleging intentional hit of a motor cycle bearing Reg.No.KL.31/3580 and that the accused had rammed the motor cycle violently over the body of the deceased and by the hit, he fell down after sustaining serious injuries and succumbed to the injuries on his way to the hospital by 7.50 p.m. The alleged incident took place on 3.8.2007 at about 7.30 p.m. The deceased Shany and the accused are fish vendors by profession. There was some quarrel and exchange of heated words between the deceased, PW13 and one Shamnad on one side and the accused on the other side in front of the house of one Kuttachan and by the intervention of the father and sister of Kuttachan they left the place. PW13 along with the deceased Shany and Shamnad returned in an autorickshaw and while they were on the road in front of Vettiyar Muslim Church, the accused came there in a bike and repeated the exchange of altercation with them. Due to the intervention of persons present there, he left the place. The autorickshaw was stopped there due to break-down and while the deceased along with PW13 and Shamnad attempted to take the autorickshaw by pushing from back, the accused came from behind in his motor cycle and rammed on the body of deceased causing injuries and the deceased fell down. Though he was immediately removed to the hospital, by that time he succumbed to the injuries.

(3.) The learned Sessions Judge found the accused guilty for the offence under Section 302 IPC and he was convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year. There was a direction to pay the fine amount, on realization, to the wife of the deceased under section 357(1) of the Code of Criminal Procedure, 1973.