[Double Murder Of CPI(M) Sympathizers] Kerala HC Acquits 4 RSS Workers [Read Judgment]

Seriousness of the crime by itself can not be taken as a factor to uphold the conviction, the Kerala High Court remarked while acquitting 4 RSS workers in a political murder case.

Four persons were convicted by the Trial Court for murdering Raveendran and Gopalakrishnan, who were said to be CPI(M) sympathizers. The prosecution had alleged that they hatched a criminal conspiracy in the evening of 29.10.2007 at BJP party office near Nilampathi bridge at Kadukkamkunnam to do away with the Gopalakrishnan and Raveendran out of previous enmity and political feud. They allegedly committed murder while deceased were returning from a marriage reception party.

Reappreciating the evidence on record, the bench comprising Justices A. Hariprasad and MR Anitha observed that that the prosecution failed to prove the case beyond reasonable doubt and thus the accused are entitled to get the benefit of doubt. While acquitting the accused, the bench observed thus:

"Over anxiety and enthusiasm of the investigating agency made the entire investigation artificial and shaky. Seriousness of the crime by itself can not be taken as a factor to uphold the conviction unless the conscience of the court is satisfied through the materials brought in by the investigating agency that it is the accused who have done the heinous crime. Wherever a reasonable doubt arises in the mind of court, benefit of the same should go to the accused."

One of the main contentions raised in this case was about the thumb impression of the deceased Raveendran said to have been affixed on FIS. According to them there is a chop wound on the left thumb as per inquest and postmortem report  and so it was quite impossible for him to put thumb impression on FIS. "Evidence of PW24 who conducted the inquest of Raveendran in this case would prove that some unknown person was intruding into the investigation when he admitted that he had not given any instruction to take the thumb impression of deceased Raveendran. PW22 Hemambika Nagar Circle Inspector who was in charge of the investigation at the time of inquest of Raveendran by PW24 would depose that he has not given any instruction to take the thumb impression of the deceased. Then who instructed the finger print bureau to get left hand thumb impression of Raveendran at the time of inquest is still a mystery. All those Crl.A.No.478/2016 108 factors would lead to an inference that investigation was controlled by some higher officials. It may be due to the fact that two young men of 38 and 32 years have been brutally attacked and hacked to death just out of political rivalry in the Constituency of the then Chief Minister", the Court said.

Case: Manikandan vs. State of Kerala [CRL.A.No.478 OF 2016]
Coram: Justices A. Hariprasad and MR Anitha

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