KAMARUDHEEN Vs. S H O MUVATTUPUZHA POLICE STATION

JUDGEMENT

(1.) The Appellant in Crl. Appeal 2228 of 2010 is the 4th accused in Crime No. 704 of 2010 of Muvattupuzha Police Station for offences under Sections 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(ii), 153A, 201, 202, 212 and 307 read with Section 149 I.P.C., Section 3 of the Explosive Substance Act, 1908 and Section 15 read with Sections 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short, 'UA(P) Act'). Accused No Section 11 - 13 are the Appellants in Crl. Appeal 2229 of 2010. The 8th accused is the Appellant in Crl. Appeal No. 2231 of 2010. Accused Nos. 1 and 6 are the Appellants in Crl. Appeal No. 2232 of 2010. Accused No. 20 is the Appellant in Crl. Appeal No. 2240 of 2010. The 7th accused is the Appellant in Crl. Appeal No. 2249 of 2010. (Hereinafter the Appellants are referred to as accused in the chronological order in the crime).

(2.) The prosecution case, in brief, is that Sri. T.J. Joseph was working as Professor in Malayalam at New Man's College, Thodupuzha. While setting question papers for the internal examination of B. Com. students, he included questions allegedly ridiculing Prophet Mohamed and Islam Religion. Activists of Popular Front of India (PFI) and its political wing called Social Democratic Party of India (SDPI) got intolerant. Though appropriate legal action was taken against Professor Joseph, the Appellants and other activists conspired together to take revenge against Professor Joseph by attacking his house and either to kill Professor Joseph or to amputate his right palm with which the question paper was set and thus to strike terror. Pursuant to the criminal conspiracy hatched at different places by the workers of the PFI and SDPI, at about 8 A.M. on 4.7.2010, seven identifiable persons who are members and activists of PFI and SDPI and now identified as accused Nos. 14, 27, 28, 37, 49, 50 and 51, formed themselves into an unlawful assembly and being members of the unlawful assembly they were armed with deadly weapons like hatchet, chopper, explosives etc. and reached near the house of Professor Joseph at Muvattupuzha in a Maruthi Omni Van with a false registration number. Professor Joseph, along with his sister Stella, who is a nun and their mother 81 years old Elikutty were returning from Nirmala Matha Church, Muvattupuzha after the Sunday Holy Mass in a Wagon R Car bearing Registration No. KL-17-E-1795. The assailants intercepted the above car with the Omni Van in which they reached there. All the assailants got down and smashed the window panes of the car in which Professor Joseph was travelling. They pulled Professor Joseph out of the car, dragged him to the road and repeatedly chopped on the right palm with hatchet and the right palm of Professor Joseph was amputated. The amputated palm was thrown into the nearby compound. Professor was chopped at various parts of his body with the intention to murder him. Sister Stella and mother Elikutty attempted to rescue. They were also manhandled by the assailants. Salomi, wife of Professor Joseph, along with their son Midhun, hearing the hue and cry, rushed to the scene. The assailants threw a country bomb, which exploded, against them, to create an atmosphere of terror. Midhun was lifted by the assailants and thrown down to the nearby compound. By the time when the neighbours and other people returning from the Church rushed to the scene, the assailants escaped in the van in which they reached the spot. Professor Joseph was lifted by the gathered people to a hospital. Salomi rushed to the Station House Officer, Muvattupuzha and gave the First Information Statement. After recording the statement of Salomi, a case as Crime No. 704 of 2010 for offences under Sections 143, 147, 148, 120B, 323, 324, 326, 341, 427, 506(ii) and 307 read with Section 149 I.P.C. and Section 3 of the Explosive Substance Act, 1908 was registered.

(3.) The Station House Officer, Muvattupuzha acted swiftly. He conveyed information to the adjacent police stations and higher authorities and alerted them. All of them were got vigil and were in action. The Sub Inspector of Police, Perumbavoor, while on vigil through the passing vehicles, could detect the van in which the assailants were travelling. On inspection of the vehicle, the Sub Inspector noticed blood stains inside and outside the vehicle. Broken glass pieces inside the vehicle were also brought to his notice. The vehicle and the driver were taken custody. The first accused was driving the van. On interrogation of the first accused by the Circle Inspector of Police, Muvattupuzha, the story behind the brutal attack was disclosed.