Published By: Pragati Pal
Last Updated: March 01, 2024, 00:03 IST
The January 11 judgement of the High Court got here on the appeals filed by six of the accused difficult their conviction and sentence and the state’s attraction towards the acquittal of three others.(Representational picture)
Justice P Somarajan convicted one of many 9 accused for a number of offences beneath the IPC together with try to homicide, however diminished the sentence given to him by the trial courtroom.
The Kerala High Court has acquitted eight out of the 9 individuals accused of trying to kill CPI(M) chief P Jayarajan in 1999 in Kannur district, stating that the prosecution failed to show their involvement within the fee of the offence.
Justice P Somarajan convicted one of many 9 accused for a number of offences beneath the IPC together with try to homicide, however diminished the sentence given to him by the trial courtroom.
The January 11 judgement of the High Court got here on the appeals filed by six of the accused difficult their conviction and sentence and the state’s attraction towards the acquittal of three others. The verdict was made public solely on Thursday; following that Jayarajan mentioned that he feels that he has not received justice.
The veteran CPI(M) chief advised reporters it’s his request that the state ought to go on attraction towards the decision. He additionally mentioned that he would focus on with authorized specialists as to whether or not he, because the sufferer, might file an attraction towards the judgement within the Supreme Court.
The CPI(M) chief additionally requested that nobody ought to disrupt the peaceable surroundings within the state following the decision. The High Court 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 had been accused no. 1, and three to 9, respectively, on this case.
Justice Somarajan identified varied shortcomings within the prosecution’s case and likewise mentioned that the sufferer’s spouse was a planted witness. “In short, there is failure on the part of the prosecution to show and prove the involvement of accused No.1 and 3 to 9 in the alleged commission of offence,” the High Court mentioned 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 High Court noticed that the 4 weapons stained with blood of the identical group as that of the sufferer had 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 adequate in its odd course to trigger dying, the Court famous.
“Hence, there is no reason not to concur with the conviction as against accused No.2 for the offence punishable under sections 452 (house trespass), 436(mischief by fire or explosive substance), 326 (voluntarily causing grievous hurt by dangerous weapons or means) and 307 (attempt to murder) of the IPC,” the High Court mentioned.
It, nonetheless, acquitted him for the offences of illegal meeting, rioting and rioting with a lethal weapon beneath the IPC, saying that there ought to be proof of the involvement of no less than 5 individuals or extra in these crimes.
The trial courtroom had sentenced Prasanth to 10 years imprisonment for every of the offences beneath sections 307 and 326 and 5 years every for the crimes beneath sections 436 and 452 of the IPC.
Justice Somarajan mentioned that these sentences had been “too exorbitant and do not reflect proper balance”. The High Court diminished the sentence to one-year imprisonment for the offence beneath part 307, six months beneath part 326 and three months every for the crimes beneath sections 436 and 452 of the IPC.
“Accused No.2 shall appear before the trial court to receive the sentence within two months from today. He is also entitled to set off of the period of detention already undergone,” it mentioned. 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 dying. One of his arms was virtually fully severed within the assault, which in accordance to the police, was dedicated by RSS staff.
(This story has not been edited by News18 employees and is printed from a syndicated information company feed – PTI)
