Nadapuram Shibin Murder Case | Kerala High Court Awards Life Sentence To Seven Alleged Muslim League Workers For Murder Of DYFI Activist
The Kerala High Court has sentenced 7 persons allegedly affiliated with the Indian Union Muslim League namely Ismail, Muneer, Sidhique, Muhammed Anees, Shuhaib, Jasim, Samad to rigorous life imprisonment for the murder of DYFI activist Shibin. The judgment was pronounced by the Division Bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar The court observed that the court is...
The Kerala High Court has sentenced 7 persons allegedly affiliated with the Indian Union Muslim League namely Ismail, Muneer, Sidhique, Muhammed Anees, Shuhaib, Jasim, Samad to rigorous life imprisonment for the murder of DYFI activist Shibin. The judgment was pronounced by the Division Bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar
The court observed that the court is not imposing harsh punishment as the murder occurred after a quarrel with the murdered victim and others. One of the accused, Ismail is absconding. However, the Court imposed a sentence upon him invoking the provision of Section 392 of Bharatiya Nagarik Suraksha Sanhita. One of the accused, Aslam had expired and thus the charges against him abated.
The convicts are sentenced to pay a fine of Rs. 1 lakh each. 5 lakh from that fine will go to the family of the deceased Shibin.
The High Court had on 04/10/2024 reversed the order of acquittal by the Special Additional Sessions Judge (Marad Cases), Kozhikkode for 8 of the 17 accused. They were convicted under Section 143(unlawful assembly), 148(riot), 326(grievous hurt), 324 (hurt), 302 (murder) of Indian Penal Code. The Court had observed that the acquittal was based on consideration of non- material facts and non-consideration of material facts. The Court observed that acquittal should not be based on flimsy grounds.
“It is necessary to state that acquittal of guilty persons in serious crimes on technical or flimsy grounds would erode the very foundation of the criminal justice delivery system, which strives to balance individual rights with the preservation of social order. Such outcomes not only shake the faith of the public in the courts as guardians of justice but also deprive society of the protection it seeks from court. Such acquittals would also send a dangerous misleading message, suggesting that those responsible for grave offences can evade justice, thereby encouraging an environment of lawlessness.”
The prosecution case was that after a verbal altercation with the victims, 10 of the 17 accused and a juvenile formed themselves into an unlawful assembly with the common object of committing murder of the DYFI activists. On executing this plan, on 22/01/2015 they attacked the victims namely Akhil, Rakhil, Lineesh, Shibin, Vijeesh, Aneesh and Rajesh. Shibin died from a cut injury on his chest and other victims suffered injury.
The High Court based the conviction based on the conviction of the testimonies of the eyewitnesses and victims. The Court observed that the testimonies of the victim can be accepted even if they belong to the opposing political party of the accused as their interest would be to implicate the real assailant who caused them serious injuries. The Court also observed that some of the victims were not affiliated to Congress and some did not have any political affiliation.
Case No: Crl.A. 988 of 2016 and other Connected cases
Case Title: State of Kerala v Ismail and Others
Citation: 2024 LiveLaw (Ker) 638