STATE Vs. BAIJU

JUDGEMENT

(1.) The above Death Sentence Reference and the Criminal Appeals arise from S.C.No.528 of 2011 on the files of the Court of the Additional Sessions Judge-III, Alappuzha. There are altogether six accused in the case and among them, accused 1 to 5 stand convicted for offences punishable under Ss. 143, 147, 148, 323, 324, 427, 449 and 302 read with Ss. 149 and 120B of the Indian Penal Code (IPC) and the sixth accused stands convicted for the said offences, except the offence punishable under Sec. 148 IPC. Accused 1 to 5 are sentenced, among others, for imprisonment for life and the sixth accused is sentenced, among others, to death. DSR is the proceedings initiated by this Court for confirmation of the death sentence of the sixth accused and the Criminal Appeals are preferred by the accused challenging their conviction and sentence in the case. Among the appeals, Crl.A.No.791 of 2018 is preferred by accused 1 to 4, Crl.A.No.648 of 2018 is preferred by the fifth accused and Crl.A.No.836 of 2018 is preferred by the sixth accused.

(2.) An occurrence took place on 29/11/2009 in which one Divakaran died and two others injured, is the subject matter of the case. Divakaran was an activist of the political party "Indian National Congress". He was also an office bearer of the said party for sometime. A group of activists of the political party "CPI(M)" trespassed into the courtyard of the house of Divakaran; attacked Divakaran and the members of his family and vandalised his house. The neighbours of Divakaran took him and the others who sustained injuries in the occurrence to the Taluk Hospital, Cherthala. As the condition of Divakaran was serious, he was referred to the Medical College Hospital, Kottayam while the others were treated in the former hospital. Divakaran succumbed to the injuries while undergoing treatment at the Medical College Hospital, Kottayam on 8/12/2009.

(3.) A case was registered by Cherthala Police on the date of occurrence itself at 9:30 p.m. on a statement recorded from the daughter-in-law of Divakaran, Reshmi while she was undergoing treatment for the injuries sustained by her in the occurrence at the Taluk Hospital, Cherthala. The Circle Inspector of Police, Cherthala was in charge of the investigation in the case. Even though it was disclosed in the First Information Statement that the assailants were a group of four to five persons, the investigating officer maintained the stand from the very inception that the assailants were only a group of four persons. Consequently, the investigation in the case was confined only to the roles played in the occurrence by those four persons. That apart, it was stated in the First Information Statement that they were attacked since they refused to purchase the coir mats brought for sale from Kudumbasree on the same day afternoon. Despite the said statement, there was no investigation about the persons involved in the sale of coir mats nor have they been arrayed as accused in the case, even though the Investigating Officer did not find any other reason for the four assailants who were found to be involved in the occurrence to attack the house of the deceased and caused injures to the inmates in the house.