Kerala HC awards life imprisonment to seven convicts for DYFI man's murder in 2015

The court also directed the convicts to pay a fine of Rs 1 lakh each.
Kerala HC
Kerala HCPhoto | Express
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KOCHI: The Kerala High Court on Tuesday awarded life imprisonment to seven convicts in a case relating to the murder of DYFI activist C K Shibin of Thooneri in Nadapuram, Kozhikode, in 2015.

The court awarded life imprisonment to the first accused Ismail, his brother and second accused Muneer, the fourth accused Siddique, the fifth accused Muhammed Anees, sixth accused Shuhaib, 15th accused Jasim and the 16th accused Samad.

The court also directed the convicts to pay a fine of Rs 1 lakh each. Out of the fine realised, Rs 5 lakh shall be paid to the parents and the balance shall be paid equally to those injured in the incident.

The Bench passed the order on an appeal filed by the state government against the order of the Kozhikode Special Additional Sessions Court acquitting all accused persons in the case.

The prosecution case was that Shibin,19, was murdered by an armed gang allegedly owing allegiance to the IUML at Vellur, near Thooneri, around 10 pm 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.

While passing the order, the Bench comprising Justice PB Suresh Kumar and Justice C Pratheep Kumar said that "the incident occurred on a quarrel that ensued when the deceased Shibin and the others questioned accused five and six on their conduct in causing dust to scatter while riding a motorcycle on the road. We are of the view that a harsh punishment is not called for."

The first accused has not appeared before the court. In the light of section 392 of the BNSS corresponding to section 353 of the Code of Criminal Procedure, there is no impediment in pronouncing the judgment in this case in the absence of the first accused. That apart, the court proposes to pass only the minimum punishment for the offence punishable under section 302, which is the gravest offence for which the accused are found guilty, stated the order.

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