Madhu’s was first lynching in state, should be ultimate: Judge

By Express News Service

PALAKKAD: Pointing out that the lack of lifetime of tribal youth Madhu as the first lynching case in Kerala, Ok M Ratheesh Kumar, the select of the actual courtroom docket for trial of cases beneath the SC & ST (Prevention of Atrocities) Act, said awarding adequate sentence to the convicts was necessary.

“This is the first lynching case in God’s Own Country. Let it be the last. The materials placed before the court reveal that the accused persons assumed the role of moral police, which cannot be encouraged in a civil society. Unless such instances are deprecated by awarding adequate sentences, the actions will be repeated…So, the sentence should serve as a deterrent to those thinking about assuming the role of moral police,” the select said.

The convicts being shifted to Thavanur jail in Malappuram from the courtroom docket in Mannarkkad on Wednesday

He said the proof proved that the accused people mercilessly inflicted accidents on Madhu alleging he had stolen meals objects. “Even if it is assumed that the so-called properties found in Madhu’s possession were stolen, it was not done for the joy of it but for his stomach (survival). For minor theft, the acts done by the accused led to his death. Documents presented by the special public prosecutor reveal that Madhu had been treated for some mental illness. The court is bound to respect his life… Our Constitution guarantees equal right to life to each and every citizen of India, irrespective of social status. Hence, we cannot award a fleabite sentence for the reason that the person who died was not a big shot,” the select said.

The select said had the police apprehended Madhu on complaints of thefts, he could have been launched sooner than the regulation. “And if it was found that he had any mental illness, he could have been treated and rehabilitated at the state’s expense. This incident is a lesson to the police, a reminder that no complaint should be left unattended,” he said.

The courtroom docket appreciated the contributions of the assistant director of the forensic science laboratory, Thiruvananthapuram, who, it said, took pains to hunt out out associated data from the 1000’s of images and flicks which were saved in various cellphones. 

The courtroom docket moreover appreciated media’s perform in paving the way in which during which for rendering justice to Madhu. “Had the media not given importance to the news, the case, perhaps, would not have ended like this,” the courtroom docket observed. 

The courtroom docket moreover observed that eyewitnesses turned hostile and provided false proof no matter giving assertion beneath CrPC Section 164 to the Justice of the Peace inside the prosecution’s assist. It said even Madhu’s shut relations turned hostile whereas some witnesses dared to deny their presence in visuals obtained from CCTV and cellphones – which were carried out in courtroom docket – whatever the picture being crystal clear. 

It useful proceedings in the direction of 10 witnesses beneath IPC Section 193 (Punishment for false proof). Citing the inquiry report prepared by the judicial firstclass Justice of the Peace, Mannarkkad, and one different by the sub-divisional Justice of the Peace , Ottappalam, which have been produced in courtroom docket, the select concluded that Madhu’s lack of life was not a outcomes of torture by police.

PALAKKAD: Pointing out that the lack of lifetime of tribal youth Madhu as the first lynching case in Kerala, Ok M Ratheesh Kumar, the select of the actual courtroom docket for trial of cases beneath the SC & ST (Prevention of Atrocities) Act, said awarding adequate sentence to the convicts was necessary.

“This is the first lynching case in God’s Own Country. Let it be the last. The materials placed before the court reveal that the accused persons assumed the role of moral police, which cannot be encouraged in a civil society. Unless such instances are deprecated by awarding adequate sentences, the actions will be repeated…So, the sentence should serve as a deterrent to those thinking about assuming the role of moral police,” the select said.

The convicts being shifted to Thavanur jail in Malappuram from the courtroom docket in Mannarkkad on Wednesday

He said the proof proved that the accused people mercilessly inflicted accidents on Madhu alleging he had stolen meals objects. “Even if it is assumed that the so-called properties found in Madhu’s possession were stolen, it was not done for the joy of it but for his stomach (survival). For minor theft, the acts done by the accused led to his death. Documents presented by the special public prosecutor reveal that Madhu had been treated for some mental illness. The court is bound to respect his life… Our Constitution guarantees equal right to life to each and every citizen of India, irrespective of social status. Hence, we cannot award a fleabite sentence for the reason that the person who died was not a big shot,” the select said.googletag.cmd.push(function() googletag.present(‘div-gpt-ad-8052921-2’); );

The select said had the police apprehended Madhu on complaints of thefts, he could have been launched sooner than the regulation. “And if it was found that he had any mental illness, he could have been treated and rehabilitated at the state’s expense. This incident is a lesson to the police, a reminder that no complaint should be left unattended,” he said.

The courtroom docket appreciated the contributions of the assistant director of the forensic science laboratory, Thiruvananthapuram, who, it said, took pains to hunt out out associated data from the 1000’s of images and flicks which were saved in various cellphones. 

The courtroom docket moreover appreciated media’s perform in paving the way in which during which for rendering justice to Madhu. “Had the media not given importance to the news, the case, perhaps, would not have ended like this,” the courtroom docket observed. 

The courtroom docket moreover observed that eyewitnesses turned hostile and provided false proof no matter giving assertion beneath CrPC Section 164 to the Justice of the Peace inside the prosecution’s assist. It said even Madhu’s shut relations turned hostile whereas some witnesses dared to deny their presence in visuals obtained from CCTV and cellphones – which were carried out in courtroom docket – whatever the picture being crystal clear. 

It useful proceedings in the direction of 10 witnesses beneath IPC Section 193 (Punishment for false proof). Citing the inquiry report prepared by the judicial firstclass Justice of the Peace, Mannarkkad, and one different by the sub-divisional Justice of the Peace , Ottappalam, which have been produced in courtroom docket, the select concluded that Madhu’s lack of life was not a outcomes of torture by police.