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Kattukulangara Madhavan (Dead) Thr. LRs. v. Majeed & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 400 of 2006)Decided 30 Mar 2017
Criminal Appeal No. 400 of 2006
Justice L. Nageswara Rao · Justice S.A. Bobde

Background

In 1993, Suresh Babu was killed at Ottappilavu junction, Kerala, during clashes between rival political-party supporters (RSS/BJP and CPI(M)), allegedly stabbed by one of a large unlawful assembly searching for BJP workers travelling through the junction. The Sessions Court convicted several accused under Section 302 read with 149 IPC and other provisions, and acquitted others; on appeal the Kerala High Court upheld the conviction of A1 (who later died, abating his appeal), convicted A2 and A4 only under Section 324/149 IPC, and acquitted A3, A14, A15 and A18 of the murder charge for lack of proof of common object. Three cross-appeals reached the Supreme Court: by the complainant/deceased's father against the acquittals, by the State of Kerala likewise, and the complainant's separate appeal against acquittal of a different set of accused (A5-A17).

Decision Breakdown

The Supreme Court disagreed with the High Court's finding that A3, A4, A14, A15 and A18 lacked a common object, holding that the evidence of prior clashes between the rival groups and their conduct of searching for BJP supporters at the junction established a shared object of attacking any BJP supporter passing through: Suresh Babu being killed as part of that common design. However, given the 1993 vintage of the incident and that these accused struck with sticks causing simple injuries on non-vital parts rather than fatal blows, the Court held their conviction should be altered to Section 326/149 IPC (voluntarily causing grievous hurt by a member of an unlawful assembly) rather than murder, sentencing each to 7 years' imprisonment with a direction to surrender within 4 weeks. Justice Bobde's separate opinion elaborated on when mere presence in an unlawful assembly becomes inculpatory absent evidence that the accused tried to stop the assembly or dissociated himself from it. Consequently, Criminal Appeal No. 400 of 2006 (filed by the complainant against the acquittal of A3, A4, A14, A15 and A18) and the State's connected Appeal No. 141 of 2007 were allowed, while the complainant's separate Appeal No. 661 of 2006 (against acquittal of a different set of accused, A5-A17) was dismissed.

Lesson Learnt

Mere membership in a mob is not automatically innocent, once the prosecution shows an accused's presence in an unlawful assembly pursuing a shared unlawful object, the burden shifts to the accused to show he tried to stop the assembly or walked away; otherwise he can be held criminally liable for the group's actions under Section 149 IPC, even if the ultimate charge is reduced to match the actual severity of his own conduct.

Official source (sci.gov.in)View Judgment (PDF)

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