A Division Bench of the Kerala High Court on Friday upheld a trial courtroom resolution to condemn beedi tycoon Mohammed Nisham to life for inflicting the loss of life of a safety guard along with his massive sports activities utility car in 2015. The courtroom additionally rejected a plea by the Kerala authorities looking for the loss of life penalty for Nisham.
The defence had argued that the guard, Ok Chandrabose, who was deployed on obligation at Sobha City residential advanced in Thrissur, was by accident hit by Nisham’s Hummer.
The courtroom, nevertheless, stated, “There is not even a reasonable hypothesis of the deceased having been injured in an accident, pure and simple, or even in the midst of an altercation. The intention cannot be a mere physical assault when the deceased was chased with a car and mowed down. There was a deliberate mowing down of a person with a powerful vehicle, causing poly-trauma, clearly evident from the medical evidence…”
The courtroom stated it’s clear that the acutely aware act of operating down a person to trigger accidents, which within the abnormal course would result in loss of life, made the accused chargeable for homicide.
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“We find the death to be a direct consequence of the injury caused in the hit by the vehicle driven by the accused, with deliberate, malicious intent to kill, coming within Section 300 of IPC (culpable homicide amounting to murder),” the courtroom added.
A trial courtroom in 2016 had convicted the accused beneath Sections 323, 324, 326, 302, 427, 449 and 506 of the IPC, and handed him life imprisonment in addition to a high-quality of Rs70 lakh.