Pranav B Prem

The Additional Sessions Judge, Thalassery (Kannur district) on Wednesday (October 8) acquitted all the fourteen accused persons, who were CPI(M) workers, in the 2010 New Mahe Double Murder case. They were accused of the murder of two BJP/RSS workers, Vijith and Sinoj.

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Background

The prosecution alleged that on March 5, 2010, the accused entered into a criminal conspiracy to murder the deceased, who were BJP/RSS workers. It was alleged that the accused intercepted the victims near Mahe Court while they were returning from the premises, attacked them with deadly weapons, and hurled a country-made bomb at their motorcycle. As a result, the motorcycle caught fire, leading to the deaths of both victims. The accused were also alleged to have escaped from the spot and later destroyed their blood-stained clothes and other incriminating materials to conceal evidence. The fourteen accused were charged under Sections 143, 147, 148, 341, 435, 120B, 201, 109, and 302 read with Section 149 of the Indian Penal Code, and Sections 3 and 5 of the Explosive Substances Act, 1908.

Court’s Analysis

After a detailed appreciation of the oral and documentary evidence, the Court found that the prosecution failed to prove the charges beyond reasonable doubt. The Court observed that the First Information Statement (FIS) contained material omissions, which were later contradicted during cross-examination. The Court noted that the testimony of PW2, the prime eyewitness, suffered from major inconsistencies with respect to the place of occurrence, identification of accused, and sequence of events. The judgment recorded that: “In such circumstances, the testimony of PW2 cannot be safely relied upon to establish the culpability of the accused persons. These material contradictions cannot be dismissed as trivial discrepancies. This Court finds that the testimony of PW2 lacks credibility, particularly given the significant contradictions between his initial statements and his later testimony.”

The Court also found that the oral testimonies of other witnesses, when read separately and collectively, revealed material contradictions and improvements, making their version unreliable.

While analysing the forensic and medical evidence, the Court observed that the victims had sustained defensive injuries, indicating an attempt to resist the attack. However, it also noted discrepancies between the oral version and the forensic findings. The Court pointed out that while PW2 claimed the bomb was hurled at the victims on the road, the forensic report showed that remnants were collected from a goat farm compound, creating doubt about the actual scene of occurrence. The Court further noted that these contradictions between the oral and scientific evidence weakened the prosecution’s case beyond repair. It held that the investigation was defective, and the inconsistencies were of such a nature that they went to the root of the prosecution story.

Findings

After examining the cumulative effect of these contradictions, omissions, and inconsistencies, the Court held that the prosecution failed to establish the guilt of the accused beyond reasonable doubt. The judgment noted that while the nature of injuries suggested a premeditated and deliberate homicidal attack, the link between the accused and the crime was not proved with legal certainty. Consequently, the Court held: “In the result, the accused Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, and 16 are acquitted of the aforesaid offences under Section 235(1) Cr.P.C. They shall be set at liberty forthwith and the bail bonds executed by them stand cancelled. The material objects produced and identified during the course of the trial shall be disposed of in accordance with law.” The Court also recorded that Accused Nos. 10 and 12 had passed away during the pendency of the trial, and the proceedings against them had abated.

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Accordingly, the Court acquitted all fourteen surviving accused in the 2010 New Mahe double murder case, holding that the prosecution failed to establish the charges beyond reasonable doubt. The accused were ordered to be released forthwith, and their bail bonds were cancelled.

Appearance

For the Accused: C.K. Sreedharan, K.Viswan, Advocates

Cause Title: State v. Sujith T. and Ors.

Case No: Sessions Case No. 525 of 2013

Coram: Smt. Ruby K. Jose, Additional Sessions Judge–III