Kerala High Court Acquits Accused In CPM Leader P Jayarajan's Attempt To Murder Case, Commutes Sentence Of Only Convict
The Kerala High Court has acquitted all but one accused in CPM leader P Jayarajan's attempt to murder case. While the court did find the second accused to be guilty, the sentence was commuted.A single judge bench of Justice P. Somarajan heard the matter. "There is failure on the part of the prosecution to show and prove the involvement of accused No.1 and 3 to 9 in the alleged commission...
The Kerala High Court has acquitted all but one accused in CPM leader P Jayarajan's attempt to murder case. While the court did find the second accused to be guilty, the sentence was commuted.
A single judge bench of Justice P. Somarajan heard the matter.
"There is failure on the part of the prosecution to show and prove the involvement of accused No.1 and 3 to 9 in the alleged commission of offense,” stated the court while ordering the acquittal.
It observed that the recovery of the alleged weapon used in the commission of offense would not give any corroboration as to the involvement of accused No.1 and 3 to 9 simply on the reason that recovery was effected through accused No.2 and not through any other accused
The oral testimony of PW2 to PW6 cannot be relied on for the reasons stated above and hence the very case advanced by the victim in the box especially pertaining to an attack by a politically motivated mob requires the standard of proof pointing towards the guilt of each and every accused and their involvement. Mere suspicion cannot be substituted in the place of proof” observed the court.
The court pointed out that the statements provided by the wife of the victim cannot be considered credible as their presence during the occurrence of the crime was highly doubtful, and hence “no reliance can be placed on either the FIS or the FIR”.
The court also criticized the delay in collecting the victim's statement, adding that there was no evidence to show that his mental capacity was subsequently impaired or altered when he was recuperating at the hospital.
“It is not sufficiently explained by the prosecution as to why his statement was not taken for a long period of 21 days. He is not the person, who had given the FIS. The identification made by the victim while in the box hence cannot be acted upon unless stands corroborated by other evidence especially in a case of political enmity and attack by a mob” said the court.
Accordingly, it acquitted the accused and commuted the sentence of accused no 2.
Case Citation: 2024 LiveLaw (Ker) 150
Case Title: State of Kerala v. Kuniyil Shanoob and ors.
Case Number: Crl. A. No. 1968 of 2007
Counsel for Petitioner: Advocate SU Nazar, Public Pleader
Counsel for Respondent: S Rajeev