Murder Case of T.P. Chandrasekharan: Kerala High Court Maintains the Conviction Verdict for Accused Individuals
On Monday, February 19, a Division Bench of the Kerala High Court ratified a life imprisonment verdict directed towards those found guilty in a case pertaining to the homicide of T.P. Chandrasekharan, the Revolutionary Marxist Party Leader at Onchiyam in 2012.
The judicial bench, comprised of Justice A. Jayasankaran Nambiar and Justice Kauser Edappagath, has issued a verdict affirming the ruling of the Kozhikode Additional Sessions Court which sentenced M.C. Anoop, Manoj Kumar (also known as Kirmani Manoj), N.K. Sunil Kumar (also known as Kodi Suni), Rajeesh Thundikandi, K.K. Mohammed Shafi, Sijith (also known as Annan Sijith), K. Shinoj, K.C. Ramachandran (former CPI(M) Kunnummakkara local committee member at that time), Manojan referred to sometimes as Trouser Manojan who was former CPI(M) Kadungapoyil branch secretary during this period - and late P.K. Kunhanandan- a once CPIM's Panoor area committee member- to life imprisonment.
In an intriguing development the bench additionally overturned the earlier acquittal provided for accused number 10 -K.K Krishnan- previously serving on Onchiyam area committee in CPI(M) capacity; alongside another acquitted person Geothi Babu labelled now guilty under Section 120 B of IPC constituting criminal conspiracy.
It is pertinent to record here that formerly twenty-four individuals were rendered non-guilty by same Additional Sessions Court in Kozhikode comprising acclaimed leaders from Communist Party of India (Marxist)-P.Mohanan in particular-and aforementioned KK Krishnan among others with respect to charges placed against them.
Request for Stricter Sentencing
The High Court has directed correctional facility authorities to present all convicted individuals on February 26,2024, allowing them an opportunity to represent their view regarding the request for enhancement of their sentencing decreed by the Sessions Court. Additionally, the court demanded that two accused parties, who were pronounced guilty by the High Court on February 26th be also produced before it.
While overruling appeals registered by convicts against orders from Sessions Court, this order has been instated. The appeals lodged stated allegations of fabricated charges having been leveled against these convicts and a conviction carried out based on fallacious evidence and inauthentic testimonials provided by witnesses. Points were made accusing a high-ranking official of Crime Branch- Additional DGP as directing his team to premeditatively enforce this investigation infiltration and creation of false evidence.
The Additonal Kozhikode sessions court had settled verdicts in 2014 condemning eleven people with life sentences along with penalizing Lambu Pradeep - another accused party with three year-long imprisonment tenure therein.The convicted consortium included local CPI(M) leaders KC Ramachandran along with late Kunhanandan.They received guilty indictments under impeccably diverse IPC sections namely-143 (unlawful assembly),302 ( murder),148( rioting armed with weapon capable inflicting deadly harm ) &149(unlawful assembly).
Ramachandran identified as eighth suspect , Manojan designated eleventh suspect alongside Kunhanandan earmarked thirteenth liable individual embraced convictions complying with IPC section’s regulations particularly –120 B (criminal conspiracy)& LL2 (murder).They then received penalties equivalent to lifetime imprisonments meanwhile levied pecuniary fine aggregating collectively ₹1 lakh per person.
The state is eager to bolster the life sentences already imposed. Both the prosecution and K.K. Rema, an MLA and widow of the murdered RMP leader, lodged appeals requesting that maximum penalties be enforced for those found guilty while overturning the acquittal of remaining suspects.
Prosecution Argument
The prosecution argued that the presiding trial court failed in correctly comprehending evidence when determining punishment for defendants involved in this case. The legal officers believe there was a distinct lack of recognition by the courtroom regarding heinous nature of this premeditated, brutally executed murder - factors which should have influenced a more rigid sentencing.
Ms. Rema has also contested against exonerating CPI(M) party leaders P. Mohanan and K.K Krishnan along with twenty-two other implicated individuals involved in same proceedings. As per her contention, these defendants orchestrated said assassination employing professional hitmen after multiple attempts; hence she suggests it is incumbent upon the judicial court to impose strictest punitive measures including possibly capital punishment and substantial reparations.
T.P. Chandrasekharan, aged 52 and esteemed founder of RMP, tragically fell victim to a violent assault which culminated in his demise on May 4th in the year 2012. This unfortunate event transpired as he was navigating homeward bound via his motorcycle. Subsequently, the government authority presiding at that juncture - The United Democratic Front (UDF) of Kerala - instigated an assembly of a specialized investigative battalion tasked explicitly with examining the particulars related to this case's circumstances.