The Supreme Court on Monday affirmed the life sentences of five Communist Party of India (Marxist) members for the murder of two Rashtriya Swayamsevak Sangh (RSS) workers in Thalassery, Kerala, in 2002, underlining the need to prevent such crimes from persisting in society and stating that their continuation undermines societal stability and order.
“Crime creates a sense of societal fear, and it affects adversely the societal conscience. It is inequitable and unjust if such a situation is allowed to perpetuate and continue in society. In every civilized society, the purpose of criminal administrative system is to protect individual dignity and to restore societal stability and order and to create faith and cohesion in the society,” stated a bench of justices Sudhanshu Dhulia and PB Varale.
The case involved the murders of RSS workers CK Sujeesh and P Sunil, who were hacked to death on March 2, 2002, following political clashes between RSS and CPM supporters in Meloor, Thalassery. Sujeesh (24) and Sunil (22) had left CPM to join RSS. According to the prosecution, the victims, along with nine others, were attempting to hide from a violent mob when the accused launched a deadly attack, resulting in their deaths.
A trial court in 2006 convicted and sentenced 14 CPM members to life imprisonment for the murders. However, in 2011, the Kerala high court upheld the conviction of five individuals, acquitted eight others, and noted the death of one accused during the appeal. The five convicted individuals subsequently challenged the high court’s decision in the Supreme Court, arguing that contradictions in witness testimonies cast doubt on their involvement.
{{/usCountry}}A trial court in 2006 convicted and sentenced 14 CPM members to life imprisonment for the murders. However, in 2011, the Kerala high court upheld the conviction of five individuals, acquitted eight others, and noted the death of one accused during the appeal. The five convicted individuals subsequently challenged the high court’s decision in the Supreme Court, arguing that contradictions in witness testimonies cast doubt on their involvement.
{{/usCountry}}The Supreme Court, however, dismissed the appeal, finding that the inconsistencies in the testimonies were minor and did not undermine the overall credibility of the prosecution’s case. “Only because there are some contradictions, which in the opinion of this Court are not even that material, the entire story of the prosecution cannot be discarded as false,” the bench noted.
The court highlighted the testimonies of eyewitnesses were “honest, truthful and trustworthy”, adding the reliance by the high court on these depositions are “well-reasoned”.
Addressing the defence’s argument that the body of one victim, Sujeesh, was found at a location different from Sunil’s, the court dismissed the claim as immaterial, citing the chaotic circumstances under which the victims were trying to evade the mob. “It is natural and possible that Sujeesh might have rushed to another spot to hide and save himself, and as such his body is found away from the dead body of the other victim,” the bench noted.
The court also rejected the contention that investigative lapses should result in the acquittal of the accused. “On account of defective investigation, the benefit will not inure to the accused persons on that ground alone. It is well within the domain of the courts to consider the rest of the evidence, such as statements of eyewitnesses and medical reports,” read the judgment.
The bench further addressed the principle of “falsus in uno, falsus in omnibus” (false in one thing, false in everything), clarifying that it does not apply to Indian criminal jurisprudence. “If the court inspires confidence from the rest of the testimony of such a witness, it can very well rely on such a part of the testimony and base a conviction upon it,” it held.
Concluding its decision, the bench upheld the high court judgment and affirmed the life sentence imposed on five accused – E Dineshan, P Sivadasan, E Ashokan, Vellora Pradeepan and Badiyil Rineef.