Five Accused Found Guilty of Murdering CPI(M) Activist Yackoob; Court Affirms Life Sentences and Stresses the Evidentiary Value of Injured Witness Testimonies
In a significant judgment, the Kerala High Court has upheld the convictions of five individuals involved in the politically charged murder of CPI(M) activist Yackoob, affirming the life sentences handed down by the Additional Sessions Court-II, Thalassery. The case, rooted in long-standing political rivalries between CPI(M) and BJP in Kannur district, revolved around the brutal attack that led to Yackoob's death on June 13, 2006.
The Division Bench comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, JJ., dismissed the appeals filed by the five accused, affirming the trial court's findings of guilt under various sections of the Indian Penal Code (IPC) and the Explosive Substances Act. The accused were convicted of forming an unlawful assembly, criminal trespass, and murder, among other charges. The court found that the murder was committed in furtherance of the common object of the unlawful assembly, making all members liable under Section 149 of the IPC.
The prosecution's case was heavily reliant on eyewitness testimonies, particularly those of injured witnesses PW2 and PW3, who were present at the scene and sustained injuries during the incident. The High Court emphasized the special evidentiary value accorded to the testimony of injured witnesses, citing Supreme Court precedents that stress their inherent reliability. The court noted that such witnesses are unlikely to falsely implicate innocent individuals, thus lending credibility to their accounts.
Medical evidence corroborated the testimonies of the injured witnesses, with the post-mortem report confirming that Yackoob's death resulted from a bomb blast to the head. Despite defense contentions regarding delays in seeking medical attention and lodging the FIR, the court found the explanations satisfactory, given the chaotic aftermath of the attack and the immediate concern for the victim's funeral rites.
The judgment also addressed the recovery of weapons used in the offense at the instance of the accused, strengthening the prosecution's case. The court held that the recovery corroborated the unlawful assembly's intent and participation in the crime.
In conclusion, the Kerala High Court's decision underscores the gravity of political violence and the judiciary's role in upholding justice. The judgment serves as a reminder of the enduring impact of political rivalries and the need for accountability in such heinous crimes.
Bottom Line:
Evidence of injured witnesses has special evidentiary value, and their testimony should be relied upon unless there are major contradictions and discrepancies. Delay in seeking medical attention or lodging FIR, if satisfactorily explained, does not necessarily undermine the prosecution case.
Statutory provision(s): Sections 143, 147, 148, 447, 324, 302 r/w 149 of the IPC, Sections 3 and 5 of the Explosive Substances Act, Section 27 of the Indian Evidence Act
Vijesh v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2864447
