Printed By: Pragati Pal
Final Up to date: March 01, 2024, 00:03 IST
The January 11 judgement of the Excessive Courtroom got here on the appeals filed by six of the accused difficult their conviction and sentence and the state’s enchantment towards the acquittal of three others.(Representational picture)
Justice P Somarajan convicted one of many 9 accused for a number of offences underneath the IPC together with try to homicide, however lowered the sentence given to him by the trial courtroom.
The Kerala Excessive Courtroom has acquitted eight out of the 9 individuals accused of making an attempt to kill CPI(M) chief P Jayarajan in 1999 in Kannur district, stating that the prosecution didn’t show their involvement within the fee of the offence.
Justice P Somarajan convicted one of many 9 accused for a number of offences underneath the IPC together with try to homicide, however lowered the sentence given to him by the trial courtroom.
The January 11 judgement of the Excessive Courtroom got here on the appeals filed by six of the accused difficult their conviction and sentence and the state’s enchantment towards the acquittal of three others. The decision was made public solely on Thursday; following that Jayarajan stated that he feels that he has not obtained justice.
The veteran CPI(M) chief instructed reporters it’s his request that the state ought to go on enchantment towards the decision. He additionally stated that he would talk about with authorized specialists as as to if he, because the sufferer, might file an enchantment towards the judgement within the Supreme Courtroom.
The CPI(M) chief additionally requested that nobody ought to disrupt the peaceable surroundings within the state following the decision. The Excessive Courtroom acquitted Kadichery Aji alias Ajith Kumar, Koyyon Manu alias Manoj, Para Sasi, Elamthottathil Manoj, Kuniyil Shanoob, JP alias Jayaprakashan, Kovveri Pramod and Thykkadny Mohanan, who have been accused no. 1, and three to 9, respectively, on this case.
Justice Somarajan identified numerous shortcomings within the prosecution’s case and in addition stated that the sufferer’s spouse was a planted witness. “In brief, there may be failure on the a part of the prosecution to point out and show the involvement of accused No.1 and three to 9 within the alleged fee of offence,” the Excessive Courtroom stated in its judgement. It, nonetheless, convicted accused no. 2 — Chirukandoth Prasanth — primarily based on the restoration, by means of him, of the weapons used within the fee of the offence.
The Excessive Courtroom noticed that the 4 weapons stained with blood of the identical group as that of the sufferer have been recovered by means of Prasanth. The physician who issued the wound certificates had given proof that the ten accidents suffered by Jayarajan could be ample in its abnormal course to trigger demise, the Courtroom famous.
“Therefore, there isn’t a purpose to not concur with the conviction as towards accused No.2 for the offence punishable underneath sections 452 (home trespass), 436(mischief by fireplace or explosive substance), 326 (voluntarily inflicting grievous harm by harmful weapons or means) and 307 (try to homicide) of the IPC,” the Excessive Courtroom stated.
It, nonetheless, acquitted him for the offences of illegal meeting, rioting and rioting with a lethal weapon underneath the IPC, saying that there must be proof of the involvement of not less than 5 individuals or extra in these crimes.
The trial courtroom had sentenced Prasanth to 10 years imprisonment for every of the offences underneath sections 307 and 326 and 5 years every for the crimes underneath sections 436 and 452 of the IPC.
Justice Somarajan stated that these sentences have been “too exorbitant and don’t mirror correct steadiness”. The Excessive Courtroom lowered the sentence to one-year imprisonment for the offence underneath part 307, six months underneath part 326 and three months every for the crimes underneath sections 436 and 452 of the IPC.
“Accused No.2 shall seem earlier than the trial courtroom to obtain the sentence inside two months from at the moment. He’s additionally entitled to set off of the interval of detention already undergone,” it stated. The incident occurred on the night of August 25, 1999, at Jayarajan’s residence close to Thalassery within the north Kerala district of Kannur.
The assailants had barged into his house, thrown two country-made bombs at him and tried to hack him to demise. One in every of his palms was nearly utterly severed within the assault, which in response to the police, was dedicated by RSS staff.
(This story has not been edited by News18 employees and is revealed from a syndicated information company feed – PTI)
