In a ruling, the Kerala High Court has overturned the acquittal of five RSS-BJP workers convicted of the 2015 murder of a Janata Dal (United) (JD(U)) office bearer, Deepak, in Pazhuvil, Thrissur district. The decision reverses a lower court’s verdict, delivering life imprisonment to the convicted individuals.
Kerala High Court’s Judgement
A division bench comprising Justices P B Suresh Kumar and Jobin Sebastian strongly criticised the sessions court’s initial decision, stating it “was vitiated by non-consideration of material evidence and consideration of irrelevant facts.” The High Court emphasised the critical role of the judiciary in upholding social order and ensuring justice, warning that acquittals based on “technical or flimsy grounds” undermine public trust in the legal system.
“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 stated.
Murder of JDU office bearer
The case stemmed from the brutal murder of Deepak, a JD(U) office bearer and ration shop owner, on March 24, 2015. The prosecution argued that five individuals, Rishikesh, Nijin alias Kunjappu, Prasanth alias Kochu, Rasanth, and Brashnev, arrived at Deepak’s shop in an Omni Van and carried out the deadly attack with weapons. The prosecution alleged the murder was an act of retaliation for an earlier assault on Sivadas, the sixth accused, believed to be orchestrated by Socialist Janata Dal activists, with Deepak being suspected of involvement.
Initially, the sessions court acquitted all ten accused in the case. The state and Deepak’s widow subsequently filed appeals, leading to the High Court’s intervention.
The High Court partially allowed the appeals, overturning the acquittal of the five main accused and convicting them under sections 302 (murder) and 34 (common intention) of the Indian Penal Code. They were sentenced to life imprisonment and fined Rs one lakh each. Notably, the court ruled that the life sentences for Nijin and Prasanth, who were already serving life terms in other cases, would run concurrently, as per section 467(2) of the Bharatiya Nagarik Suraksha Sanhita.
However, the High Court upheld the acquittal of the remaining five accused, stating that the prosecution failed to provide sufficient evidence to prove charges of instigation and destruction of evidence against them.
The ruling marks a significant development in the long-standing case, bringing a measure of justice to Deepak’s family and reinforcing the judiciary’s commitment to upholding the rule of law in politically charged cases.
(With PTI Inputs)