The Kerala High Court has overturned the acquittal of five Rashtriya Swayamsevak Sangh (RSS) workers who were previously cleared of charges in the murder of Janata Dal (United) leader Deepak. The Court sentenced them to life imprisonment under Section 302 of the Indian Penal Code (IPC).
The decision was passed by a Division Bench consisting of Justice P. B. Suresh Kumar and Justice Jobin Sebastian, who allowed the appeal filed by the State and Deepak's wife, challenging the earlier Sessions Court verdict.
Additionally, the High Court directed the Thrissur District Legal Services Authority to provide compensation to the legal heirs of the deceased.
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"…the impugned judgment acquitting all the accused of the charges levelled against them is vitiated by non-consideration of material evidence and consideration of irrelevant facts," the High Court stated.
The Sessions Court had earlier acquitted the accused, citing several inconsistencies in the prosecution's case, including doubts about the treatment-cum-wound certificate and an alleged delay in registering the First Information Report (FIR).
However, the High Court disagreed with this reasoning and found that the trial court had failed to consider key material evidence, instead giving weight to irrelevant or weak factors.
"Acquittal of guilty persons in serious crimes on technical or flimsy grounds would erode the very foundation of the criminal justice delivery system," the High Court observed.
"Such outcomes shake the public’s faith in the courts and can foster a climate of lawlessness."
Background of the Case
As per the prosecution, Deepak was attacked and murdered by four armed individuals on 24th March 2015 near his ration shop at Pazhuvil Centre. According to the police, the motive behind the murder was retaliation, as the accused believed that Deepak was involved in an earlier murder attempt on one of them by members of the Socialist Janatha Dal.
The prosecution presented that a total of ten individuals conspired, and five of them were present at the scene to carry out the murder. During the incident, a few bystanders who tried to intervene were also assaulted.
The Sessions Court had questioned the credibility of the treatment-cum-wound certificate and claimed the FIR was deliberately delayed to hide the fact that the attackers were wearing masks.
The High Court, however, found this assessment lacking and emphasized that the trial court should have scrutinized the certificate alongside the witness statements. It found that the certificate was prepared casually and should not have been relied upon without proper contextual evaluation.
Moreover, the High Court ruled that the trial court erred in dismissing the credibility of eyewitnesses, especially when one of them was injured during the attack.
Citing Brahm Swaroop v. State of U.P., the Court stated:
"Where a witness to the occurrence has himself been injured, his testimony is generally considered reliable as it guarantees his presence at the scene of the crime and he is unlikely to falsely implicate others."
The Court concluded that the evidence provided by PW1 and PW2 (prosecution witnesses), including an injured witness, was trustworthy and credible.
Regarding the FIR, the High Court rejected the Sessions Court's conclusion about delay. It noted that the investigating officer first visited the scene and then the hospital, acting as per standard procedure. The injured person was stabilized before his statement was recorded, which led to a minor delay of one hour in registering the FIR.
The FIR reached the Magistrate’s office the next morning, and the Court ruled that this did not constitute non-compliance under Section 157 of CrPC.
"Mere delay in forwarding an FIR registered at odd hours cannot amount to a procedural violation if justified by circumstances," the Court held.
Based on the re-evaluation of evidence and testimonies, the Kerala High Court found the five RSS workers guilty beyond reasonable doubt and sentenced them to life imprisonment.
The Court also emphasized that ignoring credible evidence and acquitting the guilty not only undermines public trust but also hampers the effectiveness of the justice system.
Counsel for the Appellants: Advocates S. U. Nazar (Sr. PP), Nireesh Kumar
Counsel for the Respondents: Advocates Rafiq P. M., S. Rajeev, P. S. Sreedharan Pillai, T. K Sandeep, Arjun Sreedhar, Arun Krishna Dhan, Alex Abraham, P. Vijaya Bhanu (Sr.), M. Revikrishnan, Ajeesh K. Sasi, Sruthy N. Bhat, Rahul Sunil, Sruthy K. K., Sohail Ahammed Harris P. P., Nanditha S., Aaron Zacharias Benny, V. Vinay, M. S. Aneer, Sarath K. P., Anilkumar C. R., K. S. Kiran Krishnan
Case No. Crl.A 355 of 2020 & Crl.A 631 of 2017
Case Title: State of Kerala v Rishikesh and Others & Varsha Deepak v Rishikesh and Others
