Such Acquittals Send Dangerous Misleading Message: Kerala High Court Convicts 5 RSS Workers In JDU Leader’s Murder Case
The Kerala High Court partly allowed the Appeals of the State and one of the victims, challenging the acquittal of the accused persons.
The Kerala High Court has set aside the acquittal of five RSS (Rashtriya Swayamsevak Sangh) workers who were accused of killing JDU (Janatha Dal United) leader namely Deepak.
The Court was dealing with Appeals filed by the State and one of the victims, challenging the acquittal of the accused persons.
A Division Bench comprising Justice P.B. Suresh Kumar and Justice Jobin Sebastian observed, “… 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.”
The Bench said that the impugned Judgment acquitting all the accused persons of the charges levelled against them, is vitiated by non-consideration of material evidence and consideration of irrelevant facts.
Senior Public Prosecutor (SPP) S.U. Nazar and Advocate Athul Poulose appeared on behalf of the Appellant while Senior Advocate P. Vijayabhanu, Advocates S. Rajeev and Arjun Sreedhar appeared on behalf of the Respondents.
Brief Facts
The deceased/Deepak succumbed to injuries sustained in an occurrence that took place in 2015, was an office bearer of JDU political party. He was running a ration shop at a place called Pazhuvil Centre. At night, while he was standing in front of the ration shop, four persons allegedly armed with deadly weapons appeared unexpectedly to that place and two among them allegedly attacked him with the weapons carried by them. Although a few persons standing on the opposite side of the road rushed to the said spot and attempted to prevent further attack on Deepak, one of the assailants created a scene of terror and others allegedly attacked even the said persons and then fled from that place in a van.
Even though Deepak and others who suffered injuries were taken to the hospital, Deepak died on the same day itself. Subsequently, a case was registered under Sections 324, 307, and 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) and under Section 27 of the Arms Act, 1959. The investigation revealed that 10 persons hatched a conspiracy to commit the murder of Deepak. The Sessions Court found the accused persons not guilty of the charges and resultantly, acquitted them. Being aggrieved, the State and Deepak’s wife approached the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, noted, “Coming to the case of the tenth accused, except the fact that he concealed a PVC pipe containing three swords, there is nothing to connect him with the crime. In the circumstances, we are inclined to hold that the prosecution failed to prove the charge under Section 201 IPC. … Needless to say, the acquittal of accused 1 to 5 is liable to be interfered with.”
The Court, therefore, set aside the acquittal of accused 1 to 5 and found them guilty of the offence under Section 302 read with Section 34 of the IPC. Among them, it also found the second accused guilty for the offence under Section 324 of the IPC and the fourth accused guilty under Section 326 of the IPC.
“Registry is directed to issue non-bailable warrants for the immediate arrest and production of accused 1 to 5 before the Court of Session. On such production, the court shall commit them to prison with a direction to the Superintendent of the prison to produce them before this Court at 10.15 a.m. on 8.4.2025 for hearing on sentence”, it further directed.
Accordingly, the High Court partly allowed the Appeals and convicted five accused persons.
Cause Title- State of Kerala v. Rishikesh & Ors. (Neutral Citation: 2025:KER:30323)
