'Proof Beyond Reasonable Doubt Is A Guideline Not Fetish; Not Necessary It Should Be Perfect': Kerala HC In TP Chandrashekharan Murder Case
The Kerala High Court observed that while it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that it should be perfect.
In that context, it was said that, "proof beyond reasonable doubt is a guideline and not a fetish, and a guilty man cannot get away with it because truth suffers some infirmity when projected through human processes. The credibility of testimony, oral or circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that it should be perfect"
Confirming the conviction of the accused for the murder of TP Chandrasekharan, the Bench of Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath observed that, "We confirm the judgment of the trial court and sustain the conviction of A1 to A8, A11 and A13 (A1 – Anoop, A2 - Manoj @ Kirmani Manoj, A3 – N.K.Sunil Kumar @ Kodi Suni, A4 – T.K.Rajeesh, A5 – K.K.Muhammed Shafi, A6 – S.Sijith, A7 – K.Shinoj, A8 – K.C.Ramachandran, A11 – Manojan & A13 - Kunhanandan) in respect of the charges proved against them. Additionally, we convict A1 to A5 and A7 under Section 120B of the IPC as well. We set aside the acquittal of A10 [K.K.Krishnan] and A12 [Geothi Babu] and convict them under Section 120B read with 302 of the IPC. We confirm the acquittal of the other accused."
Senior Counsel B Raman Pillai, along with others, appeared for the appellant, while Special PP P Kumarankutty and ASPP Saphal K appeared for the respondent side.
T. P. Chandrasekharan, a former member of the Communist Party of India (Marxist) [CPI(M)], established a new political party called the Revolutionary Marxist Party (RMP). In connection with the alleged vengeance for the CPI(M) candidate's defeat in the Lok Sabha election at Vatakara constituency, Chandrasekharan was fatally attacked on May 4, 2012.
According to the prosecution, the first accused deliberately collided with Chandrasekharan's motorcycle, causing him to fall onto the road. Subsequently, the accused attacked him with swords, resulting in his death. Other accused individuals deployed bombs to prevent witnesses from approaching the crime scene. The charges included criminal conspiracy, murder execution, and attempts to conceal evidence.
In 2014, the Additional District Court Judge sentenced 11 accused to life imprisonment under Section 302 for murder.
The High Court directed the Jail Superintendent to produce accused 1-8 and 11 in person before the Court for hearing accused 1-5 and 7 on the sentence to be imposed under Section 120BIPC and all of them on the plea of enhancement of sentence and compensation.
The Court further directed that the registry issue non-bailable warrants for the immediate arrest and production of accused 10 and 12 before the Trial Court.
Appearances:
Appellant: Senior Counsel B Raman Pillai, Counsels KM Ramadas, Arun Bose D, K Viswan
Respondent: Special Public Prosecutor P Kumarankutty, Assistant Special Public Prosecutor Saphal K
Cause Title: KC Ramachandran vs The State of Kerala & Anr.
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