KOCHI: Even though the CBI court acquitted the alleged conspirators in the Balakrishnan murder case, the order clearly states it was an ‘honour killing’. Fifth accused Aboobacker whose daughter married Balakrishnan was acquitted only due to the absence of evidence ‘on record’ to prove the conspiracy part.
“The reason for enmity is Balakrishnan married a Muslim girl. So it can be seen that the motive for committing the murder is that he married a Muslim girl. This can be equated as honour killing,” CBI judge S Santhosh Kumar stated in the order.
However, the court orally observed it has not made any finding claiming that the case is not an honour killing. Only because the prosecution could not prove the allegation against Aboobacker, he was acquitted.
The court observed there is no evidence on record to show there was the previous meeting between Aboobacker and the persons who were the real executors. Simply because Aboobacker had collected photographs of Balakrishnan and had made some threats, he cannot be found guilty of criminal conspiracy and murder.
“Even for attracting an offence of criminal conspiracy, there should be acceptable evidence. It is true that since the conspiracy was hatched in secrecy, direct evidence will be seldom available. But, at least, there should be some evidence to connect the conspirators. Here the prosecution could not bring out any such evidence,” stated the order.
Meanwhile, the CBI will be appealing the acquittal of the third accused person in the case. “There was clear evidence that the third accused harboured the persons who committed the murder. He helped the first accused escape to the Gulf. After examining the reason behind the acquittal, we will decide on filing an appeal at the HC,” the CBI said.
Lack of evidence