Kerala HC sentences to life 5 RSS-BJP workers for killing JD(U) activist in 2015

Kochi | The Kerala High Court on Tuesday overturned the acquittal of five RSS-BJP workers for the murder of a JD(U) office bearer back in 2015 at Pazhuvil in Thrissur district and sentenced them to life imprisonment.

A bench of Justices P B Suresh Kumar and Jobin Sebastian said the sessions court judgement acquitting the five accused, who were involved in the commission of the crime, of the charges levelled against them "was vitiated by non-consideration of material evidence and consideration of irrelevant facts".

The bench further said that the 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 the courts. 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," it added.

The sessions court had acquitted all 10 accused in the case, and the state as well as the victim's widow had appealed against the decision in the High Court.

Partially allowing the appeals, the High Court set aside the acquittal of the five main accused -- Rishikesh, Nijin alias Kunjappu, Prasanth alias Kochu, Rasanth and Brashnev -- who were involved in commission of the offence and convicted them under sections 302 (murder) and 34 (common intention) of IPC.

The bench sentenced them to life imprisonment and imposed a fine of Rs one lakh on each of them.

As the second and fifth accused were already undergoing life sentences in two different cases, the High Court gave them the benefit of section 467(2) of the Bharatiya Nagarik Suraksha Sanhita which provides that the subsequent punishment shall run concurrently with the previous one.

The bench also upheld the acquittal of the other five accused in the case, saying the prosecution was unable to prove the charges of instigation and destruction of evidence against them.

The victim, Deepak, was an office bearer of the Janata Dal (United) and ran a ration shop at Pazhuvil Centre.

On the night of March 24, 2015, the five accused arrived there in an Omni Van and four of them attacked him with deadly weapons, the prosecution had said, adding that Deepak had succumbed to the wounds suffered in the assault.

According to the prosecution, the attack on Deepak was in retaliation for an assault on the sixth accused in the case allegedly by activists of the Socialist Janata Dal.

The accused suspected that Deepak was behind the attempt on the life of the sixth accused -- Sivadas, the prosecution had said.