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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.M.SHAFFIQUE, P.SOMARAJAN, JJ.
STATE OF KERALA - Appellant
Versus
UNNI, S/O RAMACHANDRAN - Respondent
Death Sentence Ref No. 8 of 2009
Decided on : 17-08-2018
Indian Penal Code- Sections 53, 45, 120B, 109, 302, and of 307;; Criminal Procedure Code- Section 432;; The Indian Constitution- Art. 72, 161-Life imprisonment in terms of Section 53 read with Section 45 I.P.C. means the entirety of life of the prisoner, unless it is curtailed by remissions validly granted under Section 432 Cr.P.C. or Article 72 or Article 161 of the Constitution. It was held that a special category of sentence, instead of death, can be substituted by the punishment of imprisonment for life or for a term exceeding 14 years and it can be put beyond the application of remission.
Statement of facts:
An accident occurred in the National Highway - Two vehicles were involved in the accident- A lorry and a Tata Safari - Persons named Ramesh, Latha, Vijayadharan and Kuttikrishnan were travelling in the Tata Safari car, which was driven by Shamsudeen. The accident occurred due to the rash and negligent act on the part of the driver of the lorry. The injured Shamsudeen, Ramesh and Latha died on account of the injuries sustained by them and Vijayadharan (PW8) and Kuttikrishnan (PW6) were seriously injured-While the inquest of three of the deceased were being prepared, the members of the Panchayat doubted that it was not an accident, but the accident was deliberately created to do away Ramesh taking into account his growth in business-Conspiracy behind the accidental death of Ramesh and two others within the jurisdiction of Mararikkulam police station-The investigation of the case was transferred to the Deputy Superintendent of Police, Crime Detachment, Alappuzha -Accused 1 to 10 were charged with offences under Sections 109, 120B, 212, 307 and 302 r/w S.34 of I.P.C. Accused 11 to 13 were charged for offences u/s 212 r/w S.34 I.P.C. 13th accused was absconding-. Crl.Appeal No. 96/12 has been filed by the State seeking enhancement of sentence of accused Nos.2 to 4, 6 and 7. All other appeals are filed by accused 1 to 8 and 12. DSR No.8/2009 relates to the death sentence imposed on the first accused.
Finding of the court:
Despite the gruesome nature of accident, giving death penalty is not proper. He was suffering imprisonment since the date of arrest, without any parole. After considering the nature of crime, we are of the view that the sentence has to be converted to imprisonment for life, but with a condition that the accused should not be given any remission for a period of 25 years
Result: Appeal filed by the State is allowed to the extent of directing that the 6th accused shall not be entitled for remission without suffering imprisonment for a minimum period of 25 (twenty five) years.
Key Points: - The first accused was the mastermind who hired assassins and disguised the murder as a road accident (!) (!) (!) . - The third accused acted in concert with the first accused, and their continuous communication and joint presence indicate conspiracy (!) (!) (!) . - The accused were found guilty under sections 120B, 302, 307, and criminal conspiracy, with varying degrees of involvement (!) (!) . - Harbouring requires knowledge of the offence and intent to screen the offender; convictions for accused 5, 8, and 12 were set aside due to lack of such evidence (!) (!) (!) . - The death penalty was deemed inappropriate given the accused’s background, absence of brutal manner, and presence of mitigating circumstances (!) (!) (!) . - The sentence was substituted with life imprisonment, and the accused must serve a minimum of twenty-five years without remission (!) (!) (!) .
A.M.SHAFFIQUE, J.
1. Crl.Appeal No. 96/12 has been filed by the State seeking enhancement of sentence of accused Nos.2 to 4, 6 and 7. All other appeals are filed by accused 1 to 8 and 12. DSR No.8/2009 relates to the death sentence imposed on the first accused.
2. An accident occurred on 20.7.2005 at 1.45 p.m in the National Highway near Kanichukulangara Junction, Alappuzha District. Two vehicles were involved in the accident-a lorry bearing Regn.No.KRO 1760 and a Tata Safari car bearing No.KL-13-E/9180. According to PW1, the informant, the lorry was proceeding from north to south and the Tata Safari car from the opposite direction. Persons named Ramesh, Latha, Vijayadharan and Kuttikrishnan were travelling in the Tata Safari car, which was driven by Shamsudeen. The accident occurred due to the rash and negligent act on the part of the driver of the lorry. The injured Shamsudeen, Ramesh and Latha died on account of the injuries sustained by them and Vijayadharan (PW8) and Kuttikrishnan (PW6) were seriously injured. Crime No.227/2005 of Mararikkulam Police Station was initially registered on 20/7/2005 at 8.00 p.m alleging offences under Sections 279, 338 and 304 of Indian Penal Code. Ext.P129 is the FIR. In the FI statement (Ext.P1), PW1 stated that he is the brother-in-law of Shamsudeen who was working as a driver of Everest Chits at Cherai. The Managing Director, Sri.Ramesh's son's birthday was on the next day. Ramesh had gone to Karunagapally to bring his sister for which he had taken his Tata Safari car and it is while coming back in the said vehicle towards Cherai that the accident occurred.
3. While the inquest of three of the deceased were being prepared, the members of the Panchayat doubted that it was not an accident, but the accident was deliberately created to do away Ramesh taking into account his growth in business.
4. The Superintendent of Police, Alappuzha issued order dated 21/7/2005 (Ext.P214) referring to a petition from Deepuraj, son of Velayudhan wherein he alleged conspiracy behind the accidental death of Ramesh and two others within the jurisdiction of Mararikkulam police station. Therefore, it was decided to have the case investigated by a senior and experienced police officer. Accordingly, the investigation of the case was transferred to the Deputy Superintendent of Police, Crime Detachment, Alappuzha who was asked to take up the investigation of the case forthwith and to report compliance. Sri.P.A.Johnson (PW118), Deputy Police Superintendent, Crime Detachment, Alappuzha took up the investigation and filed a report dated 21/7/2005 (Ext.P215) to the Judicial Magistrate of First Class, Alappuzha. PW118 constituted a Special Investigation Team and based on the investigation conducted by them, a final report was filed before the Court implicating 13 persons as accused. Accused 1 to 10 were charged with offences under Sections 109, 120B, 212, 307 and 302 r/w S.34 of I.P.C. Accused 11 to 13 were charged for offences u/s 212 r/w S.34 I.P.C. 13th accused was absconding.
5. Before the trial court, prosecution relied upon the oral testimony of PW1 to PW118 and defence relied upon the deposition of DW1 to DW6. Prosecution produced Exts..P1 to P304 documents and the defence relied on Exts.D1 to D29. MO1 to MO27 were the material objects produced and identified.
6. The trial Court acquitted accused 9, 10 and 11. Accused 5, 8 and 12 were found guilty u/s 212 of I.P.C. A5 was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/-, A8 was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, A12 was convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/-, A1 to A4, A6 and A7 were found guilty u/s 302 of I.P.C, A1 was imposed with death penalty and accused 2 to 4 were sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-each, in default of which to undergo imprisonment for one year. A6
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