[Madrasa Teacher Murder] State Govt Moves Kerala High Court Against Acquittal Of Accused RSS Workers

Riyas was murdered on March 20, 2017, inside a Muhayudheen Mosque in Kudlu village, Kasargod district by the accused who were RSS fanatics to promote hatred and hostility towards the Muslim community. The final report was filed by the police against the trio under Sections 449 (house trespass), 302 (murder), 153A (promoting enmity on the ground of religion), 295 (defiling place of worship), 201 (destruction of evidence) r/w 34 (common intention) IPC.

The Sessions Judge, Kasargod acquitted all three accused stating that the prosecution failed to prove prior incidents that could show motive for the commission of the murder or RSS affiliation of the accused.

In appeal, the State Government submitted that the accused should not have been acquitted since the prosecution produced conclusive and sufficient evidence including scientific and digital evidence to unshakingly prove the guilt of the accused by establishing the chain of events leading to the death of Riyas.

It states that Kerala is proud of collective harmony and communal peace but the murder of Riyas portrays poisonous communal elements. The appeal mentions that the prosecution has relied upon clear, clinching and unimpeachable circumstantial evidence to prove the guilt of the accused.

It stated that police conducted a flawless and earnest investigation to prove the gruesome murder by establishing motive and three prior incidents where the accused were involved showing instances of clash between Hindus and Muslims. The appeal also stated that the prosecution produced evidence to prove that the accused persons belonged to the RSS.

The appeal stated that the prosecution has proved the motive, and identity of the accused using sterling quality witnesses, test identification parade and identification of accused in court, recovery of clothes and knife, DNA examination of clothes and knife and call data records. it is further stated that call data records from the mobile phone of the accused would prove their location at the time of the murder and their close affiliation with known RSS members.

The State further argued that the approach adopted by the Sessions judge was wrong and contrary to the settled principles of law. The appeal stated that the judgment passed by the Trial Court acquitting the accused was improper, perverse and shocking to the judicial conscience.

Thus, the appeal seeks to set aside the order of acquittal of the Trial Court.

Case Title: State of Kerala v Ajeesh @ Appu & Ors.

Case Number: CRL.A 657/2024