Kerala High Court Upholds Life Sentence Of Beedi Tycoon Mohammed Nisham For Mowing Down Security Guard Chandrabose
Case: Mohammed Nisam A.A. v. State of Kerala
Coram: Justice K Vinod Chandran and C Jayachandran
Case No.: CRL.A NO. 320 OF 2016
Court Observation: …it is clear that the conscious act of running down a man to cause injuries, which injuries in the ordinary course would lead to death, makes the accused liable for murder. Ramming a man, deliberately with a vehicle, is also an act, imminently dangerous as to cause death, in all probability. Looking at the commission of the act, which cannot be termed to be an accident, it is murder, most foul and vicious, snuffing out the life of a poor soul.
We have meticulously gone through the evidence and have elaborately discussed it, to find the accused guilty of the offence of murder, the gravest of the offences and in this case committed in a most foul & dastardly manner, shocking the public consciousness and challenging the basic values of human societies. Such acts of depravity is an indelible mar on civil society and the economic disparity between the accused and the deceased, accentuates the gravity of the offence.
Coming to the CrPC, the power of remission is on the State Government; if the State is of the opinion that the instant crime is one which should not be considered for remission, then the State could restrict itself; the power of remission being within its exclusive domain. The State requires no nudge or prodding from the Courts on the judicial side, and it is for the State to take a decision on remission; considering the gravity of the offence, the shock it generated in society as also the conduct of the convict in prison and any other relevant factors. If the State stays in its hands and restricts itself and the power of remission is not invoked, the convict spends his life in prison.
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