Kerala lynching case: 13 accused sentenced to 7 years of rigorous imprisonment

A special court Kerala’s Palakkad on Wednesday sentenced 13 accused persons in tribal man Madhu’s lynching case to seven years of rigorous imprisonment and ₹1 lakh fine each, public prosecutor Rajesh M Menon said.

Madhu, a man suffering from mental illness, who led a solitary life in caves and forests, was lynched by a mob alleging theft in Attapadi in Palakkad district on February 2018.

The court had found 14 accused persons guilty on Tuesday while acquitting two others.

The 14 were held guilty of voluntarily causing hurt, culpable homicide, unlawful assembly, and under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Two of the accused were acquitted for want of evidence.

Also Read:14 held guilty of thrashing Kerala man to death in 2018

The first accused was convicted for offence under Section 304 (2) (culpable homicide) and Section (1) (D) of the SC/ST atrocities prevention act.

Others were sentenced under Section 326 (voluntarily causing hurt) and 367 (kidnapping or abducting) and relevant provisions on the SC/ST Act.

They were also ordered to pay ₹1 lakh fine each and half of the fine collected will be given to Madhu’s mother, said Menon adding the 16th accused was sentenced to only three months simple imprisonment with a fine of ₹500.

Menon added that the case had weakened after 24 of the 100-odd witnesses had turned hostile during the trial.

“We started with direct evidence but in the end, we were depending heavily on circumstantial and digital evidence. But we still managed a relatively good verdict,” he said.

Special court judge KM Ratheeh Kumar also ordered action against nine of the 24 witnesses who turned hostile during the trial.

Though many witnesses turned hostile, digital evidences, including photos and videos posted by the accused on social media, were effectively used by the prosecution.

However, Madhu’s mother Malli said she will move an appeal against the acquittal of two others.

“We are partially happy. We will move the higher court against the acquittal of two,” she said.

Kerala SC/ST welfare minister K Radhakrishnan said if the mother wanted to appeal in a higher court, the government will help her.

“The conviction is a lesson for those who take weaker sections for a ride,” he said.

The case dates back to 2018 when Madhu was captured from a cave in a forest on February 22, and forcibly taken to Mukkali in Attapadi by a group of people who accused him of stealing food items from shops in nearby areas. With his hands tied, he was forced to walk around 5 km with people taking turns to assault him.

Later, he was handed over to the police but the same night he succumbed to his injuries.

The case saw several delays with witnesses turning hostile, three public prosecutors were changed, the man’s mother was threatened that forced her to approach court for protection.

The high court had then supervised the complete trial.

The high court had stayed the trial proceedings for two weeks last year in June after brazen attempts were made to influence witnesses.