Kerala

Lynching of tribesman Madhu: 7-year rigorous imprisonment for 13 accused

They have been found guilty of culpable homicide not amounting to murder under section 304 (ii) of the Indian Penal Code (IPC).

Written by : TNM Staff

A Special Court at Mannarkkad in Palakkad district of Kerala on April 5, Wednesday, sentenced 13 accused to rigorous imprisonment of seven years in the lynching of tribal youth Madhu. The Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act had found 14 out of the total 16 accused guilty on Tuesday while acquitting two. They have been found guilty of culpable homicide not amounting to murder under section 304 (ii) of the Indian Penal Code (IPC). 

Muneer, the 16th accused,  was found guilty under 352, for assaulting or using criminal force, under the IPC.  All those who have been convicted, except Muneer, have been sentenced to imprisonment by the court. Hussain, the first accused, has been ordered to pay Rs 1,05,000 as fine. All other convicted, except Muneer have to pay Rs 1,18,000 as fine. For Muneer, the sentence is three months imprisonment and a fine of Rs 500 as he was not charged with homicide.

The other accused are Marakkar, Shamsudheen, Aboobacker, Siddique, Ubaid, Najeeb, Jaijumon, Sajeesh, Satheesh, Sajeev, Hareesh and Biju. The persons who were acquitted are the fourth accused Aneesh and 11 th accused Abdul Kareem. The court has also directed to take action against the witnesses in the case who turned hostile. A total of 24 witnesses had turned hostile during the course of the trial. 

Madhu, who belonged to Kadukumanna tribal hamlet in Attappady died after being subjected to physical assault by a mob on February 22, 2018. Visuals of a group of men assaulting him after tying his hands with a lungi at Mukkali junction near Attappadi was widely circulated and became crucial evidence for the prosecution. The mob who assaulted him had accused him of stealing rice and groceries

The image of a helpless, weak Madhu in the visuals was a shock to the social consciousness of the state. The trial began in June 2022. The accused persons are residents of Mukkali and nearby regions. The trial faced setbacks after several witnesses turned hostile and two public prosecutors resigned.

For the family of Madhu, his mother Malli and sisters Sarasu and Chandrika the legal fight had been tough and they even faced ostracism over the years.  

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