Madhu mob lynching: Kerala high court acquits first accused, raises sentences of 12 to life term

Kochi: Kerala high court on Monday enhanced the sentences of 12 accused in the 2018 Attappadi Madhu mob lynching case to three counts of life imprisonment and imposed a fine of Rs 3 lakh each, modifying the sentences imposed on them by the SC/ST Special Court in Mannarkkad, Palakkad.

However, HC acquitted Hussain of Pakkulam in Palakkad, the first accused, of all charges and confirmed the acquittal of two other accused — Aneesh and Abdul Kareem — by the trial court. According to prosecution, while Madhu was caught and made to sit in front of a hundi at Ponmala Dharmasastha Temple at Mukkali Junction, Hussain stamped on Madhu’s chest, causing his head to hit the concrete wall of the hundi.

However, the bench of Justices V Raja Vijayaraghavan and K V Jayakumar noted that the statements of two witnesses who claimed Hussain had stamped on Madhu were found unreliable regarding their presence at the relevant time.

The bench stiffened the trial court’s sentences by restoring and retaining the offences charged against the 12 accused under the SC/ST (Prevention of Atrocities) Act, 1989. HC also found Muneer, the 16th accused, who had already undergone a sentence of 140 days, guilty under Section 3(2)(va) of the Act, which penalises the commission of any offence against a person or property knowing that the victim belongs to an SC/ST community.

Accordingly, he was sentenced to one year’s imprisonment and fined Rs 1,000. HC directed that all sentences shall run concurrently and the imprisonment already undergone shall be set off against the sentence now awarded.

HC was considering appeals by state govt and Malli, the mother of Madhu, challenging the trial court’s verdict, along with appeals filed by the convicts.

Madhu, a tribal youth with a mental disability from Chindakki hamlet in Attappadi, was allegedly killed by the mob after being accused of stealing food items from a grocery shop on Feb 22, 2018. According to prosecution, Madhu sustained head injuries and bruises all over his body, including broken ribs and internal bleeding. He reportedly collapsed and died while being taken to hospital.

Sixteen accused faced trial in the case. Of them, the trial court convicted 14 persons — Hussain, Marakkar, Shamsudheen, Radhakrishnan, Aboobacker, Sidhique, Ubaid, Najeeb, Jaijumon, Sajeev, Satheesh, Hareesh, Biju and Muneer — while acquitting two others, Aneesh and Abdul Kareem. Among those convicted, 13 were sentenced to seven years’ rigorous imprisonment for culpable homicide not amounting to murder, while Muneer was sentenced to three months’ imprisonment and fined Rs 500 for assaulting the victim.

The trial was marked by controversy, with as many as 24 prosecution witnesses reportedly turning hostile after allegedly being threatened or bribed. The trial court had also dropped the murder charge and instead convicted the accused under Section 304(II) of IPC, relating to culpable homicide not amounting to murder, along with provisions of the SC/ST Act.