SIVALAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Political rivalry, is a simmering cauldron of intrigue, spite and deceit, often spewing out the venom of hatred, in the form of mindless bloodshed. The men in red and those saffron clad, are divided on political lines and the instant case is alleged to be the murder of one among the former, by a few in the latter group. The prosecution alleges that starting from 2001 there were instances of violence, eventually leading to the murder of the deceased in this case; an active CPI(M) worker at Thiruvananthapuram. The crime is also alleged to be the result of a conspiracy hatched and the criminal acts in furtherance of the same, by the accused; dedicated cadre of the R.S.S.

(2.) A1 to 10 and A12 to 15 are alleged to have conspired to murder Vishnu, and in furtherance of such common intention, formed themselves into an unlawful assembly, committed rioting, armed with deadly weapons and country bombs and hacked Vishnu to death. The accused were charged with offences under Ss. 120B, 143, 147, 148 and Sec. 302 read with Sec. 149 IPC. A11 and A16, accused of attempting to screen and harbour A2 and A3, were charged under Sec. 201 and under Ss. 120B, 148 and 302 read with Sec. 212 IPC. A1 was also charged under Sec. 5 of the Explosive Substances Act and A12 to 13 under Sec. 27 of the Arms Act. A3 died during the trial, A14 absconded and A16 was acquitted. A1 to 13, except A3 and A11, were sentenced to separate life imprisonments under both the offences of Sec. 302 read with Sec. 149 and 120B read with 302 IPC. They were also sentenced for various periods under Sec. 143, 147 and 148. A15 was sentenced to life imprisonment under Sec. 120B read with 302 IPC and A11, with rigorous imprisonment of three years under Sec. 212 IPC. Under each of the offences, fine amounts were imposed with suitable default sentences. The convicted accused are in appeal.

(3.) The trial Court framed eleven issues regarding the offences of conspiracy, unlawful assembly, rioting with deadly and dangerous weapons, murder, possession of explosive substance and harbouring of accused. Relying on Ext.P39 post-mortem certificate, proved through PW37, who conducted the post-mortem examination, it was found that the attack was a brutal one, leaving no chance for the victim to survive. The testimony of PWs.13 and 14 regarding the conspiracy, was reckoned as having been proved. The accusation of the prosecution having procured the ocular witnesses, to the conspiracy, the crime and the get-away, was rejected. PW1's vocation being not seriously disputed, his presence was affirmed and the difference in the number of persons and bikes, as spoken of by him in the FIS and before Court, was found to be insignificant. PW1 himself admitted that he had informed PW51, who recorded the FIS, that there is a mistake in the narration; which he was advised to correct before the I.O. PW1 who had seen his friend being murdered, a heart rending spectacle, would definitely have been confused and in any event, the FIS is not an encyclopedia of all events found the trial Court. There was found, no material contradictions or omissions, brought out from the S.161 statement, given on the very next day.