13 get 7-year jail in Kerala tribal man’s lynching case
A Kerala court sentenced 13 accused in tribal man’s lynching case to seven years of jail term and a fine of ₹1 lakh each public prosecutor Rajesh M Menon told.
A special court in Kerala’s Palakkad district on Wednesday sentenced 13 accused in tribal man Madhu’s lynching case to seven years imprisonment and a fine of ₹1 lakh each, public prosecutor Rajesh M Menon said.
Madhu, a mentally- challenged man who led a life of a vagabond in caves and forests, was lynched by a mob alleging theft in Attapadi in Palakkad district in February 2018. The court had found 14 accused guilty on Tuesday and acquitted two persons.
The first accused was convicted for offence under Section 304 (2) (culpable homicide) and Section (1) (D) of the SC/ST atrocities prevention act. Others were sentenced under Section 326 (voluntarily causing hurt) and 367 (kidnapping or abducting) and relevant provisions on the SC/ST Act. They were also ordered to pay ₹1 lakh each fine and half of the fine collected will be given to Madhu’s mother, said Menon adding 16th accused was sentenced to only three months simple imprisonment with a fine of ₹500.
He said the case was weakened a bit after 24 of the 100-odd witnesses turned hostile during the trial. “We started with direct evidence but in the end we were depending heavily on circumstantial and digital evidences. But still we managed a relatively good verdict,” Menon said. Special court judge K M Ratheeh Kumar also ordered action against nine of 24 witnesses who turned hostile during the trial. Though many witnesses turned hostile digital evidences, including photos and videos posted by the accused in social media, were used effectively by the prosecution.
{{/usCountry}}He said the case was weakened a bit after 24 of the 100-odd witnesses turned hostile during the trial. “We started with direct evidence but in the end we were depending heavily on circumstantial and digital evidences. But still we managed a relatively good verdict,” Menon said. Special court judge K M Ratheeh Kumar also ordered action against nine of 24 witnesses who turned hostile during the trial. Though many witnesses turned hostile digital evidences, including photos and videos posted by the accused in social media, were used effectively by the prosecution.
{{/usCountry}}But Madhu’s mother Malli said she will move an appeal against the acquittal of two. “We are partially happy. We will move the higher court against the acquittal of two,” she said. Kerala SC/ST welfare minister K Radhakrishnan said if the mother wanted to appeal in a higher court the government will help her. “The conviction is a lesson for those who take weaker sections for a ride,” Menon added.
{{/usCountry}}But Madhu’s mother Malli said she will move an appeal against the acquittal of two. “We are partially happy. We will move the higher court against the acquittal of two,” she said. Kerala SC/ST welfare minister K Radhakrishnan said if the mother wanted to appeal in a higher court the government will help her. “The conviction is a lesson for those who take weaker sections for a ride,” Menon added.
{{/usCountry}}The special investigation team said case is that Madhu was captured from a cave in a forest on Feb 22, 2018, and forcibly taken to Mukkali in Attapadi by a group of people who accused him of stealing food items from shops in nearby areas. With his hands tied, he was forced to walk around 5 kms and some members of the crowd took turns to assault him on way to Mukkali. Later he was handed over to the police but the same night he succumbed to his injuries.
The five-year-old case witnessed many twists and turns_ many witnesses had turned hostile, three public prosecutors were changed, poor mother had to face threats forcing her to approach the court for protection and later the high court supervised the whole trial. There were brazen attempts to sabotage the case by offering money to influence witnesses and threatening survivors forcing the HC to stay trial proceedings for two weeks in June last.
