Political killing: Kerala HC acquits CPI-M leader

KOCHI: The

Kerala high court

has acquitted a CPI-M leader of

Kasaragod

who was convicted for conspiracy for the murder of Congress worker Abdul Basheer alias Jabbar in 2009. There was no eyewitness in the case.

A division bench comprising justices

AM Shaffique

and P Somarajan set aside the conviction of fourth accused Sudhakaran Master, who was CPI-M’s Perla area committee secretary, in the case over murder of Jabbar. It was alleged that

Sudhakaran Master

and sixth accused

Abdulla Kunji

alias Naduvila Abdulla, who was a CPI-M worker, were the conspirators of the murder of Jabbar and that the animosity erupted following clashes between CPI-M and Congress workers at a march led by Kerala Pradesh Congress Committee (KPCC) president.

The hired goons had hit Jabbar’s car, which was stationary, with their car at around 10.30pm on November 3rd at Perla-Badiadukka Road. Jabbar escaped from the car and ran across the road to a nearby field. The gang chased him and chopped him repeatedly. A total of 25 wounds were found on Jabbar’s body. There were a total of 14 accused in the case, in which the second accused and the third accused had turned approvers. The second accused was the brother of the first accused Moideen Kunji alias Moinji.

While ruling that the statements of the approvers are not reliable, the court pointed out that their statements are not inculpatory and that their statements have not been corroborated with other evidence.

In addition to the testimonies of the approvers, prosecution had relied on the statements of those who took Jabbar to the hospital. It was alleged that they heard Jabbar telling his friend Radhakrishnan Master over phone that the attack was as directed by fourth accused Sudhakaran Master and sixth accused Naduvila Abdulla. Jabbar had told his friend over phone that the attackers said this would be the fate of those who oppose Sudhakaran Master or Naduvila Abdulla, prosecution had alleged.

Regarding Jabbar’s dying declaration, the court said, “This statement by itself will not mean that A1 and others were inflicting injuries on Jabbar at the instance of A4 and A6 (Sudhakaran Master and Naduvila Abdulla). First accused did not say that he was doing it as instructed by A4 or A6. When we are considering a case of conspiracy based on circumstantial evidence, all the circumstances have to be proved to the hilt.” Sudhakaran Master and Naduvila Abdulla have to be given the benefit of doubt, the court held while setting aside their convictions. Life sentences of the gang members, including first accused Moinji, who were convicted for murder, were upheld by the high court.

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