MOTTMMAL SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Recurring overt acts by members of certain political parties at some parts of the State, especially in some northern districts, eloquently disseminate a message that human lives are less worthier than a political ideology. Annihilation of political opponents has become an order of the day, ignoring the fact that divergent political ideologies are natural in a democratic polity with a multiparty system. Besides, the proponents of the philosophy forget the reality that an ideology, worth its name, should exist for the upliftment, welfare and well being of mankind. Political killings by using arms and explosives are acts of barbarity. This case unfolds yet another doleful story of a political savagery. In this brutal incident, the victim happened to be a worker of Communist Party of India (Marxit), commonly known as CPM and the alleged assailants are workers of Bharathiya Janatha Party (BJP) and Rashtriya Swayamsevak Sangh (RSS). Feud between these two sets of political outfits over a long period of time in Kannur district is a notorious reality.

(2.) 27 accused persons were charged in this case with offences punishable under Sections 143, 147, 449 and 302 read with Sec. 149 of the Indian Penal Code, 1860 (in short, Penal Code ). The 5th accused was found to be a juvenile at the time of incident and therefore his name was deleted from the array of accused as the court rightly found that he could not be tried along with other accused because of the embargo in the Juvenile Justice (Care and Protection of Children) Act, 2000. After an elaborate trial, the accused 1 to 4 were sentenced to undergo imprisonment for life for murder and appropriate punishments for other offences. They are in appeal before this Court.

(3.) Heard Sri P.S. Sreedharan Pillai, learned counsel appearing for the accused 1, 2 and 4 and Sri K.K. Dheerendra Krishnan, learned counsel appearing for the 3rd accused. Sri. S.U. Nazar, learned Senior Public Prosecutor is also heard on behalf of the prosecution.