Kerala High Court commutes death sentence of former CPI(M) leader to 10 years imprisonment

The Kerala High Court on Friday commuted former CPI(M) leader R Baiju’s death penalty to 10 years of rigorous imprisonment in the case related to the death of Congress activist KS Divakaran [State v R Baiju] ..The co-accused were also sentenced to 10 years of rigorous imprisonment except for one Sethukumar who was acquitted of all charges.On November 29, 2009, Baiju and other accused had attacked Divakaran and his family members at their home, leading to severe injuries on Divakaran's head. He later succumbed on December 9, 2009..A bench of Justices PB Suresh Kumar and MB Snehalatha did not find any satisfactory material to hold that the accused had the object of committing the victim's murder. "If the object of the conspiracy was to commit murder of the deceased, we are of the view that the assailants would have certainly carried some weapons with them. But at the same time, it has been established that accused 1 to 4 and 6 intended to commit house trespass and mischief," the Court said.After looking at the wooden logs used by the accused to attack the victim, the Court concluded that the object of the conspiracy was only to cause grievous hurt by dangerous weapons or means.The Court thus modified the conviction of the five accused including Baiju from murder to culpable homicide not amounting to murder."In the absence of any satisfactory evidence to indicate that the assailants intended to cause the death of the deceased or bodily injury as is likely to cause his death, the only offence that is made out is the offence punishable under Section 304 Part II," the Court held..On the individual role of the accused, the Court said the four other accused had committed the offences at the behest of Baiju. It further observed that Baiju, who was then a Municipal Councillor, had a tendency to react aggressively to criticism and it was his conduct which led to the crime."It is seen from the evidence that the sixth accused is a person who maintains an inflated sense of self-importance and superiority and has a tendency to react aggressively to criticism and opposition, viewing any challenge to his authority as a personal affront. His conduct which led to the crime exemplifies sheer intolerance and gross abuse of authority over trivial matters. Such behaviour undermines the democratic principles of peaceful political discourse and mutual respect," the Court said..Baiju along with Sujith alias Manju, Sathish Kumar alias Kannan, Praveen, Benny, and Sethu alias Sethukumar had been found guilty of murder by the trial court in 2018.While Baiju was sentenced to death, the others had been awarded life imprisonment. The convicts then moved the High Court which also heard the death sentence reference against Baiju..Having examined the evidence, the High Court found that the victim's refusal to purchase coir mats from Baiju had irritated him."The evidence on record as regards the manner in which the sixth accused reacted to the deceased when he refused to purchase coir mats from him and the manner in which the sixth accused reacted to PW2 when he raised the issue relating to the sale of coir mats in the Wad Council Meeting, establishes that the sixth accused entertained a grudge against the deceased and his son, PW2," it said.With that the trigger, the Court said the since the accused were members of a political party, it constitutes reasonable grounds to believe that there was a criminal conspiracy among them to attack the victim.Having concluded that the accused had attacked the victim and Baiju's inflated sense of self had led to it, the Court said,"No individual, regardless of position, is above the law, and inciting violence for political gain, according to us, shall be met with utmost severity while imposing sentences in cases of this nature to preserve social harmony and justice, for harsh punishment would not only serve as a deterrent, but would also give a message to the society that instigators are equally, if not more, culpable than the individuals who carry out the crime.".Senior counsel S Sanal kumar appeared for R Baiju.Senior counsel P Vijaya Bhanu appeared for Manju.Senior Counsel B Raman Pillai appeared for Sethu.Advocate Vishnuprasad Nair appeared Kannan.Advocate Anwin John Antony appeared for Praveen and Benny.Public Prosecutor EC Bineesh appeared for the State..[Read Judgment]