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 below the IPC together with try and homicide, however diminished the sentence given to him by the trial court docket.
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 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 below the IPC together with try and homicide, however diminished the sentence given to him by the trial court docket.
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 stated that he feels that he has not acquired justice.
The veteran CPI(M) chief informed reporters it’s his request that the state ought to go on attraction towards the decision. He additionally stated that he would talk about with authorized specialists as as to whether 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 numerous shortcomings within the prosecution’s case and in addition stated 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 stated in its judgement. It, nonetheless, convicted accused no. 2 — Chirukandoth Prasanth — based mostly on the restoration, by way 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 way of Prasanth. The physician who issued the wound certificates had given proof that the ten accidents suffered by Jayarajan can be enough in its abnormal course to trigger loss of life, 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 stated.
It, nonetheless, acquitted him for the offences of illegal meeting, rioting and rioting with a lethal weapon below the IPC, saying that there ought to be proof of the involvement of at the least 5 individuals or extra in these crimes.
The trial court docket had sentenced Prasanth to 10 years imprisonment for every of the offences below sections 307 and 326 and 5 years every for the crimes below sections 436 and 452 of the IPC.
Justice Somarajan stated 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 below part 307, six months below part 326 and three months every for the crimes below 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 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 dwelling, thrown two country-made bombs at him and tried to hack him to loss of life. One of his fingers was nearly utterly severed within the assault, which in accordance with the police, was dedicated by RSS employees.
(This story has not been edited by News18 employees and is revealed from a syndicated news company feed – PTI)
Pragati PalPragati Pal is Sub-Editor at News18.com, masking normal and nationwide day-to-day news. Follow her @PragatiPal6…Read More
Source: www.news18.com
