LAWS(KER)-2024-2-261

K. C. RAMACHANDRAN Vs. STATE OF KERALA

Decided On February 19, 2024
K. C. Ramachandran Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Democracy thrives on the peaceful exchange of ideas, not the violent imposition of beliefs. Political violence is the poison that corrodes the roots of democratic principles. - Amartya Sen On the morning of 5/5/2012, the people of Kerala woke up to the grim news of a gruesome political murder. T.P. Chandrasekharan, the leader of the Revolutionary Marxist Party (hereinafter referred to as 'RMP' for brevity), had been hacked to death the night before by a group of assassins. The wounds inflicted on him were so brutal and numerous that PW136 Dr.Sujith Sreenivas, the Assistant Professor and Assistant Police Surgeon at the Forensic Medicine department of the Kozhikode Medical College, who conducted the post-mortem examination, opined that it was indicative of the aggressive and hostile nature of the assailants. The question that loomed large, however, was, "Who would commit such a barbaric act and why?"

(2.) The prosecution would have us believe that the public opinion at the time was that it was the political rivalry between leaders of the Communist Party of India (Marxist) (CPI (M)) and the victim that led to the commission of the crime. T.P. Chandrasekharan, who was once an active member and local leader of the CPI (M), fell out with the party and formed a new party called the Revolutionary Marxist Party (RMP). The RMP posed a big challenge to the election fortunes of the CPI (M), and this was evident when, in the 2009 Lok Sabha Elections, the CPI (M) lost the Vadakara Constituency, which had been its stronghold till then. Although it was the Congress candidate who was returned from the Constituency that year, T.P. Chandrasekharan's candidacy under the RMP banner was perceived as instrumental in the CPI (M)'s loss. The rivalry between the parties and the inter se attacks between members of the two parties only served to fuel the animosity of the CPI(M) leaders towards the victim.

(3.) The case of the prosecution, in brief, is that, pursuant to a criminal conspiracy hatched by accused No's.8 to 14, with the assistance of accused No's.1,3,5,7,15 to 18, 20 to 25 and 27 to 30, at about 22.10 hours on 04. 05.2012, accused No's.1 to 7 came in an Innova Car bearing a false registration number, driven by the accused no.1, and rammed the car into the motorbike driven by T.P. Chandrasekharan. After causing the latter to be thrown onto the road, they hacked him to death on the public road at a place called Vallikkad by striking him with swords. Accused No.3 also used a country bomb to cause an explosion that would prevent witnesses from approaching the scene of the crime. Accused No's.1 to 7 then fled the scene of the crime and were assisted by the other accused, who either harboured them or destroyed valuable evidence that pointed to them.