The Kerala High Court on Tuesday sentenced seven individuals to life imprisonment in connection with the murder of 19-year-old Democratic Youth Federation of India (DYFI) activist CK Shibin in 2015 [State of Kerala v Ismail and connected cases].
Those sentenced are Ismail, Muneer, Sidhique, Muhammed Anees, Shuhaib, Jasim and Samad who are alleged to be activists of the Indian Union Muslim League (IUML).
A Division Bench of Justices PB Suresh Kumar and C Pratheep Kumar passed the order on sentence pursuant to its October 4 decision to overturn the acquittal of the accused by the trial court.
In its conviction order of October 4, the High Court had opined that the trial court's decision was based on flimsy grounds and that the prosecution had successfully established the involvement of the accused in the crime beyond reasonable doubt.
"In the light of the discussion aforesaid, we are of the firm opinion that the impugned judgment acquitting all the accused of the charges levelled against them, is vitiated by non-consideration of material facts and consideration of irrelevant facts. In this context, it is necessary to state that acquittal of guilty persons in serious crimes on technical or flimsy grounds would erode the very foundation of the criminal justice delivery system, which strives to balance individual rights with the preservation of social order," the judgment stated.
Today, the Bench heard the accused on sentence. One of the accused had passed away during the trial.
The Court stated that since the incident occurred as a result of a quarrel between Shibin and the accused, extremely harsh punishment was not appropriate.
Therefore, it decided to sentence the seven individuals to life imprisonment which is the lightest penalty for murder under Section 302 of the Indian Penal Code.
While the accused were slapped with sentences for other offences as well, the Court deemed it appropriate that their sentences run concurrently. The accused were also ordered to pay ₹1.10 lakh each as fine.
The Court also directed that the fines be disbursed to Shibin's legal representatives, including ₹5 lakh to his father who was an appellant before the High Court.
CK Shibin, an active member of the DYFI, was murdered on the night of January 22, 2015, in Vellur near Thooneri. The prosecution case was that after an altercation with Shibin, Ismail injured him in his right chest with an axe while his brother Muneer plunged a sword through his back. Shibin succumbed to his injuries.
The brutal killing shocked the local community, leading to widespread protests and demands for justice.
The accused were charged with offences punishable under Sections 143 (unlawful assembly), 148 (rioting, armed with a deadly weapon), 326 (voluntarily causing grievous hurt by dangerous weapons or means, 324 (voluntarily causing hurt by dangerous weapons or means), 307 (attempt to murder) and 302 read with Section 149 of the Indian Penal Code.
The trial was initially conducted at the Kozhikode Special Additional Sessions Court (Marad cases), which acquitted all 17 accused in 2016. The acquittal was based on the court’s finding that the prosecution had failed to conclusively prove the involvement of the accused in the murder.
Dissatisfied with the verdict, the State government filed appeal before the Kerala High Court. Shibin's father and individuals who sustained injuries during the quarrel between Shibin and the accused also moved appeals before the High Court
Before the High Court, the prosecution alleged that the accused were part of an armed gang associated with the IUML who attacked Shibin as well as several other persons in the vicinity including three more DYFI activists. The prosecution primarily relied on witness testimony to establish its case.
Upon reviewing the evidence and hearing the appeal, the High Court found the prosecution case to be credible and convincing. It also opined that the trial court's reasons for disbelieving the witness testimonies were not cogent.
Therefore, it overturned the acquittal of the accused and sentenced them to life imprisonment.
Special Public Prosecutor SU Nazer appeared for the State.
Advocate Arun Bose appeared for Shibin's father.
The accused were represented by Senior Advocates B Raman Pillai, P Vijaya Bhanu and S Sreekumar and advocates S Rajiv, and CK Sreedharan.
[Read Judgment]