Tribal man Madhu lynching case: Kerala court finds 14 out of the 16 accused men guilty

A crowd lynched Madhu on February 22, 2018. There were many twists in the case with 24 witnesses turning hostile with as many as three Special Public Prosecutors having only a brief stint.

Kerala tribal youth Madhu who was lynched by a mob in 2018. (Photo| EPS)

PALAKKAD: The Special Court for Scheduled Castes and Tribes (POA) Act, Mannarkad, on Tuesday convicted 14 of the 16 accused in the case pertaining to the lynching of a 27-year-old tribal man in Palakkad.

Madhu was beaten to death after he was caught by a group of local people alleging theft on February 22, 2018. The quantum of punishment will be pronounced on Wednesday. 

The court charged 13 of the guilty under Section 304 (2) — culpable homicide not amounting to murder. In addition to this, 12 were charged additionally under the Prevention of Atrocities on Scheduled Castes and Tribes Act. While the fourth and the eleventh accused were acquitted as charges against them were less serious, the 16th accused was charged only under Section 352 of the IPC — minor assault. 

Those who were pronounced guilty were first accused :

• first accused Hussein, 59, of Mecheriyil, Paakulam, Thavalam
• second accused Marakkar, 41, of Killayil, Mukkali, Kallamala
• third accused Shamsudheen, 41, of Pothuvachola, Mukkali, Kallamala
• fifth accused Radhakrishnan
• sixth accused Aboobacker, 39, of Pothuvachola, Kallamala, Mukkali
• seventh accused Siddique, 46, of Kurrikal house, Padinjarepalla, Mukkali, Kallamala
• eighth accused Ubaid, 33, of Thottiyil house, Mukkali, Kallamala
• ninth accused Najeeb, 41, Viruthiyil, Mukkali
• tenth accused Jaijumon, 52, of Mannampatta house, Mukkali, Kallamala
• twelfth accused Sajeev, 38, of Puthenpurackal, Kottiyurkunnu, Kallamala
• thirteenth accused Satheesh, 43, Murikada, Mukkali, Kallamala
• fourteenth accused Hareesh, 42, of Cheruvil, Mukkali
• fifteenth accused Biju, 45, of Cheruvil,  Mukkali
• sixteenth accused Muneer, 36, of Viruthiyil, Mukkali

Madhu, A tribal youth from Chindukuru in Attappadi in Palakkad, was lynched by a crowd on February 22, 2018, on the charge that he had stolen some provisions from a shop. Madhu was just 27 years old when he was killed.

A trial that witnessed several twists and turns

The first accused was convicted under sections 143, 147, 323, 322 and 304 (2) r/w 149 of IPC. The second, third, fifth, sixth, seventh eighth, ninth, 10th, 12th, 13th, 14th and 15th accused were convicted under sections 143, 147, 323, 324,326, 367 and 304 (2) r/w 149 and also under 31 (d) of the SC/ST Act. 

The charges against the fourth accused, Aneesh, 38, of Kunnath, Kakkupadi, Kalkandi, was that he took the photos and videos of Madhu being harassed and beaten up by the mob and circulated them on social media while charges against the eleventh accused, Abdul Kareem, 52, of Cholayil, Mukkali, was that he called Madhu a thief. 

There were many twists and turns to the case with the first two special public prosecutors (SPP) P Gopinath and V T Reghunath expressing their inability to present before the court after a brief stint due to a variety of reasons. Subsequently, based on the demands of Madhu’s mother Malli, C Rajendran, a senior advocate of the High Court was appointed as SPP and Rajesh M Menon as the additional public prosecutor. 

The hearing in the case began on April 22, 2022. However, after a large number of witnesses turned hostile in the initial stages of the trial, Madhu’s mother approached the Director General of Prosecutions and demanded the replacement of C Rajendran. She also wanted Rajesh M Menon, the additional SPP to be appointed the SPP. Finally, Rajesh was made the SPP on June 26, 2022, and the examinations and arguments in the case were completed on March 10, 2023. 

Of the 103 people who were examined as witnesses, 24 turned hostile. Many of the relatives of Madhu themselves turned hostile. However, circumstantial and digital evidence, including photos and videos which were circulated on social media by the accused themselves, were presented by the prosecution effectively.

Only the fourth accused, Aneesh, 38, of Kunnath house, Kakkupadi, Kalkandi, and the eleventh accused, Abdul Kareem, 52 of Cholayil, Mukkali, Kallamala were acquitted.