Paul Muthoot Murder : Supreme Court Issues Notice On Brother's Plea Challenging Acquittal Of Key Accused

Hearing brief submission made by Advocate, Mr. Kuriakose Varghese a Bench comprising Justices S.A. Nazeer and J.K. Maheswari granted leave. It observed that the matter needs to be examined in some detail.

Paul's elder brother, George Muthoot Goerge has filed the present petition impugning the High Court's order, which he claims had oversimplified and disregarded the role of the accused as depicted by the Trial Court. Culling out the relevant incidents to demonstrate Jayachandran's culpability, the petition avers that though the High Court had held the deceased was murdered by one of the members of the unlawful assembly, it refused to attribute liability on the gang's leader (Jayachandran), at whose instigation the brutal murder took place. The petition refers to a catena of judgment and argues that the liability ought to have been presumed for Jayachandran on the principle that every man is presumed to intern the natural and probable consequence of his act.

The Trial Court had held that nine men formed an unlawful assembly and murdered Paul. However, the High Court opined that there was no unlawful assembly and acquitted eight men of charges of murder. The conviction and sentence under Section 302 IPC was sustained for one.

On 21.08.2009, a gang of men led by Jayachandran, whom the petition identifies as a well-known local goon, were travelling from Changanassery to Mannancherry. On their way, one of their vehicles slipped off and got stranded. While efforts were being made to get the vehicle on track, a Ford Endeavour Car advancing towards the spot dashed into a motorcycle which was parked near the stranded vehicle. The Car kept moving. The petition alleges that Jayachandran, instigated his men to chase the car and take the driver to task. It appears that abiding by their leader's direction, 9 men organised themselves in an unlawful assembly and chased the car and eventually stabbed Paul Muthoot, who was driving the Ford Endeavour. According to the petition, Jayachandran had not only joined the unlawful assembly at the scene of the crime, but while instigating his gang, was aware that some of the members were carrying weapons.

The petition assails the observation of the High Court that the accused were an angry mob chasing a vehicle that hit a motorcycle and had run away without stopping to help the injured. Apart from the legal implication of the murder, the petition also indicates the social implications of the incident - a gangster group killing an unknown person on public instills fear in the heart of those travelling on public roads, especially at night. It implores the Apex Court to consider that the interest of the society was not looked at by the High Court in reaching its conclusion to acquit the accused person, inter alia, of the charge of murder.

The petition has been drafted by Advocate-on-Record, Mr. V. Shyamohan and filed by KMNP Law AOR.

[Case Title: George Muthoot George v. CBI Diary No(s). 27290/2020]

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