Madhu, a 30-year old tribal man from the Chindakki hamlet in Attappadi was lynched by a mob in February 2018 after accusing him of stealing rice and groceries. For his family, mother Malli and sisters Chandrika and Sarasu, the five-year long legal fight was tiring as several witnesses turned hostile and two public prosecutors resigned on the course of the trial.
Of all the 17 witnesses who had secretly deposed before the court, there was only one person who did not turn hostile. This was Suresh hailing from Kadukumanna hamlet in Attappadi and a relative of Madhu. The Special Court for SC/ST (Prevention of Atrocities) Act at Mannarkkad in Palakkad on Tuesday, April 4, found 14 persons out of the 16 accused, guilty. Suresh, post the verdict, said that he wanted everyone who caused physical harm to Madhu to be punished.
The legal fight for Madhu, the tribal youth from Attappadi in Kerala's Palakkad district, was a unique case in many ways. Those who gave secret depositions in the case were witnesses one to 17. Suresh was the 13 th witness in the case and had seen people, who have been found guilty, physically assault Madhu at Mukkali junction, four kilometers away from Attappadi.
Suresh told Asianet News that he had pressure from the accused to change his deposition. "I even thought of changing the statement (apparently out of fear). But the Palakkad SP (Superintendent of police) sir and judge sir through video conference told me not to be frightened and to give the statement courageously," he said. A secret deposition in legal parlance is the 164 statement given through section 164 of the Code of Criminal Procedure.
The Special Court in August last year had quashed the bail of 12 accused persons in the case owing to a prosecution request which said the accused had influenced the witnesses.
Suresh also said that the accused persons offered him money to change the statement. "The offer was to me and Chandran (the eleventh witness). But he changed his statement. I am Madhu's relative too. I later gave a secret deposition honestly. I saw Madhu being kicked after being taken to Mukkali,” he added.
The accused had taken Suresh to Mannarkkad in an effort to make him change his deposition. “At that time I was not in a position to reveal anything. But they did something very bad to him. No one should have even touched him seeing how weak he was. It (the assault) could have been avoided. Now that he is gone, what is the point in telling all these. I want everyone who touched (beat) him to be convicted," he said, adding that he was afraid of facing more threats. The trial in the case began on June 8, 2022.