"Deliberate attempt to tutor witness, scripted story:" Kerala High Court acquits 13 RSS workers accused of murdering CPI(M) worker

The Kerala High Court on Tuesday aquitted 13 workers of the Rashtriya Swayamsevak Sangh (RSS) who had been convicted by a trial court for the alleged murder of a Communist Party of India (Marxist) member in 2008..A division bench of Justices K Vinod Chandran and C Jayachandran observed that the case is a classic example of political rivalries stoking the fire, prosecution failure to establish guilt beyond a reasonable doubt and of attempts to tutor witnesses to fit a scripted narrative."The manner in which events were portrayed before Court, smacks of a deliberate attempt to tutor witness and collect evidence, to define a scripted story. The sad saga of political rivalry and mindless killing, as we have noticed in many cases, tears asunder the social fabric of the State... We cannot but acquit the accused of the charges levelled against them; the prosecution having miserably failed to prove the incriminating circumstances against the accused...There is absolutely no evidence worth its salt, and the prosecution failed to prove any corroborative circumstance, but for the political rivalry existing between two groups," the judgment stated..The Court bemoaned the repeated occurrences of such mindless bloodshed in the course rivalries between the RSS and the CPI(M) in the State."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 Court said in its judgment..The Court was considering the appeals moved by 13 RSS workers who were all convicted for the murder of one Vishnu.The prosecution case was that starting from 2001 there were instances of violence, eventually leading to the murder of Vishnu; an active CPI(M) worker at Thiruvananthapuram. The crime was also alleged to be the result of a conspiracy hatched and the criminal acts in furtherance of the same, by the accused who were dedicated cadre of the RSS.All the appellants were convicted by a trial court for several offences, including under Sections 120B (criminal conspiracy) 302 (murder) of the Indian Penal Code. They were all sentenced to undergo life imprisonment as well as additional sentences and fines for the other offences..Before the High Court, the appellants pointed out the irregularities committed, inconsistencies and proof of the contradictions and omissions in the prior statements of the witnesses examined..After going through the witness testimonies and other materials on record, the Court noted that there was enough to indicate that the attack was perpetrated by mask men and that the incident had lasted for under 2 minutes.This, the Court opined, cast doubt on the identification made by the eye-witnesses, especially when they gave precise descriptions of the accused, the weapons used and even the apparel worn by them.The Court opined that the case reeked of deliberate attempts from the commencement of the investigation, to project half-truths and cherry-pick witnesses so as to shape the case in a particular manner. Such over-zealousness, the Court observed, was par for course when a crime is the byproduct of political rivalries ."In many a case where the crime is the product of political rivalry, we see an over zealousness on the part of the investigating and prosecuting agency. The cherry-picked witnesses speak with precision on every minute aspect, unmindful of the disbelief it evokes," the Court said. The Court also said that caution must be exercised when considering the version of a witness, because however exhaustive or precise it may seem, it is of no avail unless it is also believable and trustworthy.In the instant case, the Court found that the conspiracy alleged cannot be established and the witnesses had clearly exaggerated in identifying details of the accused and the supposed get-away vehicles. Further, the Court noted that the vehicles which were seized were also not confirmed by the eye-witnesses or their connection with the accused established."The conspiracy is nonsensical and the witnesses are clearly tutored, who go on a tirade of embellishments, about what transpired in a public place in broad daylight, without any of that spoken in the prior statements to the Police. ...The witnesses proffered by the prosecution; whose very presence is suspect, speak on the details of the attack, the crime proper and the get-away, in a manner which makes the observations made, impossible of perception, within the short time in which the incident is said to have occurred," the Court said as it set aside the convictions of the accused and set them at liberty. .The instant case, once again brought to the forefront, the issue of violent political rivalries in the State. Several other judges of the Court have derided the same for a long time and the Court, in its judgment delivered today, summed up the state of affairs as follows: "The saga written in blood continues and the memorials held by the rival parties offer no solace to destitute parents, hapless widows and orphaned children, who often loose the only bread winner of the family. The yearly remembrances, only stoke the fires of rivalry and does not wipe the tears of the bereaved or awaken the conscience of those who matter. Another life is lost and yet another prosecution fails, both lying on the wayside, grim reminders to the society of the futility of it all.".The appellants were represented by Senior Advocates B Raman Pillai, P Vijaybhanu and Arjun Sreedhar..[Read Judgment]