A division bench of the Kerala High Court on Friday upheld the trial court’s decision awarding life sentence to beedi tycoon Mohammed Nisham to life imprisonment for the death of a security guard with his large sports utility vehicle in 2015. The court also dismissed a petition by the Kerala government. Death penalty sought for Nisham
The defense had argued that Chandrabose, a guard on duty at the Sobha City residential complex in Thrissur, accidentally collided with Nisham’s Hummer.
The court, however, observed, “The deceased is not even a reasonable hypothesis of being injured in an accident, pure and ordinary, or even in the midst of a dispute. The intention cannot be merely physical assault when the deceased was chased by a car and crushed to death. A man was deliberately knocked down with a powerful vehicle, causing poly-trauma, which is clearly evident from the medical evidence…”
The court observed that it is clear that the act of deliberately knocking down a person with a view to causing injury, which would ordinarily lead to death, renders the accused liable for murder.
“We consider the death to be a direct result of injury caused by a collision with a vehicle driven by the accused under section 300 (culpable homicide not amounting to murder) of the IPC, intentionally, with malicious intent to kill,” the court said. added.
In 2016, a trial court had convicted the accused under sections 323, 324, 326, 302, 427, 449 and 506 of the IPC and imposed him with life imprisonment as well as a fine of Rs 70 lakh.