The Hindu : Kerala / Thiruvananthapuram News : All 20 accused in murder case acquitted

Online edition of India's National Newspaper
Wednesday, May 19, 2004

Kerala

Kerala - Thiruvananthapuram

All 20 accused in murder case acquitted

By Our Special Correspondent

THIRUVANANTHAPURAM, MAY 18. The Additional Sessions Judge, Fast Track Court I, Y. Thajudeen Koya, has acquitted all the 20 persons accused of murdering Kuttappan (35), a resident of Karunilakode, finding them not guilty.

The murder, which took place on July 7, 1995, was investigated and chargesheeted by the Varkala police. The accused were Velukutty (38), Mani (30), Gopi (43), Rajan (23), Bhaskaran (45), Chellappan (48), Bahuleyan (23), Babu (35), Mohanan (33), Rajan (30, Madhu (27), Kuttan (37), Raveendran (35), Murali (35), Mani (23), Anil Kumar (18), Babu (34), Mani (20), Murali (25) and Ravi (27).

The prosecution charge was that the accused had plotted the murder of Kuttappan and armed with deadly weapons, they had trespassed into the house of Kuttappan's sister, Sarojini, where he was sleeping, at around 5 a.m. After inflicting injuries on the other persons in the house, they had dragged Kuttappa, tied him to an electric post and hacked him with choppers, inflicting fatal injuries.

According to the prosecution, the accused had also pelted stones at the local people who tried to come to Kuttappan's help. Kuttappan had died while under treatment at the Medical College Hospital later the same day.

The prosecution examined 24 witnesses and presented 23 documents as evidence in the case. It was claimed that the witnesses could see the whole incident and identify all the accused in clear moonlight.

On behalf of the defence, the court summoned and examined Lilly Chacko, Assistant Meteorologist in the India Meteorological Department here. Accepting her evidence, the court found that the moon had set at 55 minutes past midnight and risen at 6.09 a.m. on the date that the murder was committed. This meant that there could not be any moonlight at 5 a.m. when the murder was committed, contrary to what the prosecution claimed.

The court further held that the presence on the murder weapon of blood belonging to a blood group different from that of the victim, and the non-examination of independent witnesses were circumstances which threw doubts on the prosecution case.

The advocates, M. Mohanan, Junu Sreenivasan, K. G. Neelakantan Nair and B. L. Mahesh, appeared for the accused.

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