MYLADIMMAL SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals have been filed against the common judgment passed by the High Court of Kerala, at Ernakulam in Criminal Appeal Nos. 214 and 159 of 2005 filed by the accused/appellant no.1 and accused/appellant no.3 to accused /appellant no.5 respectively whereby the High Court was pleased to confirm the conviction of the accused/appellants under Sections 143, 147, 148, 341, 302 read with 149 IPC, but partly allowed their appeals to the extent that the sentence of death imposed upon by the Sessions Court was converted to imprisonment for life.

(2.) Both the trial court and the High Court have concluded that the deceased was killed due to political vendetta. The conclusions reached by the two Courts do not seem to be without basis. The High Court has noticed that there were many political murders and other crimes in Kannur district of Kerala at the time when Sri Panniyannur Chandran was murdered. He was murdered to avenge the murder of an activist of the Communist Party of India (Marxist), Mamman Vasu within the limits of Checkli Police Station. At that time, the deceased, Sri Panniyannur Chandran was the Secretary of the District Committee of BJP. Following the murder of Mamman Vasu, death threats were often received by the deceased. He was thought to be the brain behind the murder of the CPM activist. It was said that such threats were made even in the Peace Committee Meetings that followed the killing of Mamman Vasu. The State Special Branch officials being satisfied about the possible threat to the life of deceased had conveyed the information to the local police station of the area in which the deceased resided. Consequently, a Police Picket was set up near the house of the deceased to provide security. Tragically, it appears that in spite of all the security measures, the assailants had their way. He was murdered on 25.5.1996 in broad day light, in front of his wife. He was literally hacked to death, by trained killers.

(3.) We may now notice the facts.