KOCHI: The Kerala High Court on Friday found guilty seven accused who were acquitted by the Kozhikode Special Additional Sessions Court in a case relating to the murder of DYFI activist C K Shibin of Nadapuram in 2015.
The prosecution case was that Shibin, 19, was murdered by an armed gang allegedly owing allegiance to the IUML at Vellur, near Thooneri, around 10pm on January 22, 2015. The Special Additional Sessions Court (Marad cases) had acquitted all 17 accused in the murder case in 2016 on the ground that the prosecution had failed to prove the case beyond reasonable doubt.
The persons convicted by the High Court are first accused Ismail, his brother and second accused Muneer, fourth accused Siddique, fifth accused Muhammed Anees, sixth accused Shuhaib, 15th accused Jasim and 16th accused Samad. The bench passed the order on an appeal filed by the state government against the acquittal of the accused.
The court directed the seven accused to appear before it on October 15 to hear them on the sentences to be awarded to them.
As per the case, Shibin was attacked with an axe and he succumbed to the injuries at a hospital. Congress workers, who were trying to stop the assailants, were also injured in the attack. The murder had rocked Nadapuram and adjoining areas with around 50 Muslim houses ransacked allegedly by CPM men.
Peace was established in Nadapuram after the intervention of state-level leaders of the CPM and the IUML. A team led by the then CM Oommen Chandy had visited the area and constituted a committee led by Dr M K Muneer, the then minister of social justice, to oversee the relief activities.
Theyyambadi Ismail, the main accused in the case, was arrested on February 3, 2015, and the chargesheet submitted on April 21, 2015.
HC verdict a great relief: Shibin’s father
The accused were charged under sections 302 ( murder), 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means) , 326 (voluntarily causing grievous hurt by dangerous weapons or means), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapons), 147 (rioting), 148 (rioting, armed with deadly weapons), 149 (every member of the unlawful assembly guilty of offence committed in procreation of common object), 201(causing disappearance of evidence of offence or giving false information to screen offender) and 212 (harbouring offender) of the Indian Penal Code.
Muhammad Aslam, the third accused in the case, was murdered on August 12, 2016, after all the accused were acquitted by the trial court.
C K Bhaskaran, Shibin’s father, said the High Court verdict was a great relief for the family and the CPM.
He thanked the CPM area committee and the advocates who appeared in the case in the HC.
17 accused were acquitted by trial court in 2016
Shibin, 19, was murdered by an armed gang allegedly owing allegiance to the IUML at Vellur, near Thooneri, on January 22, 2015. All the 17 accused in the case were acquitted by the trial court in 2016