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2022 Supreme(Online)(Ker) 81429

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NISAM A.A.@MUHAMMED NISHAM A.A. – Appellant
Versus
STATE OF KERALA – Respondent


C.R.

JUDGMENT

Vinod Chandran, J.

The 'Cultural Capital' of the State woke up, to the news of a thoroughly uncultured act, adding chill to the otherwise cold January morning. A frenzied attack by a resident of an apartment complex, on an employee of the complex, with a powerful vehicle; resulted in the victim sustaining very grievous injuries to which he succumbed eighteen days later, during which period he was continuously in the Intensive Care Unit of a hospital. The prosecution allegation is that the accused who approached the complex in the very early hours of 29.01.2015; incensed with the staff at the entrance of the complex having delayed to raise the electronic barrier for his smooth entry into the complex, went on a rampage. The accused parked the vehicle, got out of it and unleashed a vocal tirade against the staff, which was respectfully questioned by the deceased. Furious with that, the accused assaulted the deceased, who, first hid inside the security cabin. When the accused gained entry into the cabin by smashing the window panes and started assaulting him, he jumped out of it and ran on to the curb, near the fountain at the entrance itself. The accused then got into his c

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