13 individuals have been convicted by a particular court in Kerala for beating a tribal man to death for allegedly stealing food articles in 2018 in Palakkad district on Tuesday. The jail phrases to be served by the convicts can be pronounced on Wednesday.
What occurred on Feb 22, 2018
Madhu, a tribal man from Attappady, was crushed to death after he was caught and tied up by a gaggle of native individuals who accused him of theft on February 22, 2018.
More than 5 years after the incident, particular court choose Ok M Ratheesh Kumar convicted them for the offence of culpable murder not amounting to homicide underneath Section 304 Part II of the Indian Penal Code (IPC) which carries a most punishment of 10 years’ jail time period, Special Public Prosecutor (SPP) Rajesh M Menon advised reporters.
Of the 13, the primary accused was convicted for the offence underneath Section 304 II of IPC and the remaining 12 have been moreover held responsible for crimes underneath Section 326 (voluntarily inflicting grievous harm by harmful weapons or means) and 367 (kidnapping or abducting in order to topic individual to grievous harm, slavery) of the IPC, he added.
Sections 326 and 367 carry most punishments of life imprisonment and up to 10 years jail time period, respectively.
The 12 convicts have been additionally held responsible for the offence underneath Section 3(1)(d) of the SC/ST Act, the SPP mentioned.
The sixteenth accused in the case was solely held responsible for the offence of “assault or criminal force otherwise than on grave provocation” underneath Section 352 IPC which carries a punishment which can prolong to three months or a fantastic which can prolong to Rs 500 or each, he mentioned.
The SPP mentioned the court was of the view that the accused didn’t have the intention to kill the tribal man.
Of the 16 individuals, the remaining two accused have been acquitted by the court.
SPP Menon mentioned the court didn’t discover the accused responsible of homicide and the explanations for the identical can be evident after the judgment copy is made out there.
SPP Menon additionally mentioned that the case was weakened due to a number of witnesses turning hostile.
“We started with direct evidence of the crime, but by the end of the trial we were left only with circumstantial evidence. The digital evidence played a crucial role in the case,” he advised reporters.
Victim’s mom not glad with verdict
Madhu’s mom mentioned she was not glad with the decision, particularly the acquittal of the 2 accused and the truth that not one of the 16 had been convicted for homicide.
“I will appeal against this verdict. All of them are guilty,” she advised reporters outdoors the court. The sufferer’s sister mentioned she was grateful to the court for convicting 14 of the 16 accused however would enchantment in opposition to the aquittal of the 2 individuals. She was pleased with the end result, she mentioned, as nobody had thought they might give you the option to carry their combat to achieve justice for Madhu this lengthy and until this stage.
“So, I’ll not be disenchanted or unhappy. I do know I can take this matter all the way in which to the Supreme Court, if required. We will go in enchantment in search of homicide fees (for all 16) and in opposition to the acquittal of the 2 accused.
“I do not believe that my brother has got justice. He will not get justice till all of them are convicted,” she mentioned outdoors the court.
Meanwhile, State Minister for Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes Ok Radhakrishnan mentioned that the decision may most likely come as a aid for Madhu’s household and the individuals of Kerala as a complete, and may convey some satisfaction to them.
As a number of witnesses had turned hostile in the course of the trial, Radhakrishnan mentioned it has been determined to put in place a system of witness safety in order that they can provide statements in court with out concern or outdoors affect.
The minister mentioned there has to be steady vigilance by everybody to stop the recurrence of such an incident in the State.
“Else mob lynchings happening in other parts of the country will happen here too,” he mentioned.
Regarding Madhu’s household, he mentioned that the federal government had helped them by disbursing Rs 10 lakh from the CMDRF and Rs 8.4 lakh underneath the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Leader of Opposition in the State Assembly VD Satheesan additionally termed the decision as a aid for the individuals of the state who have been shocked by the incident.
He, nonetheless, alleged that there was severe failure on the a part of the federal government in dealing with the case as “many witnesses turned hostile, the victim’s family was intimidated and the police did nothing”.
Madhu, who was mentioned to be mentally ailing, had been residing in a cave in the forest for the previous a number of months, his household mentioned. His mom and sister advised tv channels in 2018 {that a} group of almost 10-15 individuals had gone to the forest and thrashed him for allegedly stealing food articles from some retailers in the forest-fringe city of Agali in Palakkad district.
(With PTI enter)