CPM man’s murder: Kerala HC acquits nine NDF workers

Kochi: High court has acquitted nine National Democratic Front (NDF) workers who were sentenced by the trial court to life imprisonment and fines for the alleged murder of Dileepan of Chakkad in Kannur, a CPM branch secretary, in 2008, citing serious lapses and a faulty investigation by police.A bench of Justices A K Jayasankaran Nambiar and Jobin Sebastian passed the order while allowing the appeals filed by the convicts — P K Latheef, U K Siddique, U K Faisal, V K Unais, P P Faisal, V Muhammed Basheer, Thanalot Yakoob, P K Muhammed Farook and Paneri Abdul Gafoor — against the conviction and sentences imposed by the Thalassery sessions court.
The prosecution case was that the appellants, along with seven other accused, had allegedly murdered Dileepan on Aug 24, 2008, in retaliation for the killing of an NDF worker, Sainudeen, which was allegedly committed by CPM workers as part of political rivalry. Of the 16 accused who stood trial, the sessions court acquitted seven and convicted the remaining nine, prompting them to move HC.During hearing, the bench noted serious lapses in the manner in which the police conducted the investigation. It observed that the prosecution case rested heavily on the testimonies of two witnesses who were themselves CPM workers and raised serious doubts about their presence at the scene of the crime. HC also pointed out that, apart from the attestors to the recovery mahazar, all other material witnesses examined by prosecution were politically aligned with the CPM.The appellants had specifically contended that their names were supplied by CPM leaders due to political rivalry and were mechanically incorporated into the FIR without proper verification. Taking note of these contentions, HC observed that the absence of independent witnesses, coupled with the political affiliation of all prosecution witnesses with the deceased, gave rise to a reasonable apprehension that the investigation lacked fairness.Emphasising that in cases arising out of political rivalry, the possibility of false implication cannot be ruled out, HC held that the prosecution evidence must be of unimpeachable quality. Finding no convincing or trustworthy evidence to establish the guilt of the accused beyond a reasonable doubt, HC acquitted all nine appellants and allowed their appeals.