AJITHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Here is an instance wherein the precious life of an young man, at the dawn of his youth, was nipped in the bud on account of sheer political enmity! Deceased Rajesh aged 21 years, and PW2 Lijo were friends and the students of the N.S.S. College, Pandalam during the period of incident. Both of them were members of the SFI owing allegiance to the Communist Party of India(Marxist). On 31.10.2001 there was a meeting of the SFI at Kodumon junction. After the meeting, the deceased along with PW2 were walking along the Ezhamkulam - Kaipattur road to the direction of their house, expecting some buses coming through that road. When they reached in front of the Mahatma Memorial Tribal Hostel situated towards the north of Kodumon junction, at 8.30 p.m, the accused, who are the activists of an organisation named Kerala Dalith Panthers (shortly called 'KDP'), suddenly jumped in front of them from the western side, by crossing the road, and wrongfully restrained them. A2 and A3 caught hold of the deceased and stopped him by catching on both his hands; and swiftly, the 1st accused stabbed on the left chest of the deceased, just below the nipple with MO1 knife thereby causing a fatal injury. After inflicting such a fatal injury with precision, the appellants decamped with MO1 knife. The deceased was taken to the Government Hospital, Adoor, where the Doctor declared his death.

(2.) The accused are activists of an organisation named Kerala Dalith Panthers, shortly called 'KDP'. There was long standing political rivalry between those attached to KDP and those attached to CPI(M), at that locality. According to the prosecution, it is the said animosity which has resulted in the murder of the deceased by the accused, who are the activists of KDP.

(3.) On the basis of Ext.P1 F.I.Statement furnished by PW1 at 10.30 p.m. on 31.10.2001 before PW10, Sub Inspector of Police, Kodumon, PW10 registered Crime No.151/01 of Kodumon Police Station for the offences under Sections 341 and 302 read with Section 34 IPC, through Ext.P12 FIR. It seems that Ext.P12 FIR along with Ext.P1 reached before Court at 10.30 a.m. on 1.11.2001.