Kerala High Court Acquits Seven in 2004 Murder Case, Cites Lack of Evidence
Background of the Case
The prosecution's case hinged on allegations that the seven appellants, alongside other accused individuals, had kidnapped, tortured, and brutally murdered Santhosh over an alleged affair with the wife of one of the accused. The case took a dramatic turn when the fourth accused, Nazarudeen, turned approver, providing key testimony against the other accused.
However, the High Court found that Nazarudeen's evidence, which formed the backbone of the prosecution’s case, was fraught with inconsistencies and contradictions. The appellants contended that Nazarudeen, who was initially accused, had been coerced into turning approver through police torture. They further argued that other eyewitnesses had turned hostile, the forensic reports were unreliable, and the investigation was conducted in a shoddy manner.
High Court's Ruling
After a detailed examination of the trial court's judgment and the evidence presented, the High Court concluded that there was no material that justified the conviction of any of the accused for murder. The Bench observed that the trial court's reliance on the uncorroborated and inconsistent testimony of the approver was misplaced.
The High Court also expressed concerns over the trial court's decision to grant a pardon to Nazarudeen, citing that it was done based on an apprehension that other prosecution witnesses might turn hostile. This decision, taken 18 months after the investigation commenced, lacked proper documentation, as the statements made by Nazarudeen before turning approver were not included in the final report.
The Court concluded that the trial court’s judgment was "wholly unsustainable" and emphasized that the testimony of Nazarudeen, the sole substantive evidence relied upon by the prosecution, lacked credibility. As a result, the Court acquitted all seven accused.
"We have therefore no hesitation in concluding that the only substantive evidence that is relied upon by the prosecution in the instant case is the testimony of PW1 Nazarudeen and the same lacks credibility making it not worthy of acceptance," the Bench stated.
Representation and Counsel
The appellants were represented by a formidable legal team comprising Senior Advocates B Raman Pillai and P Vijayabhanu, along with Advocates CP Udayabhanu, Renjith Marar, S Rajeev, G Sudheer, and A Chandra Babu. Special Public Prosecutor SU Nazar appeared for the State.
Conclusion
This ruling by the Kerala High Court underscores the importance of credible evidence and the dangers of relying on coerced testimonies in criminal trials. The acquittal of the seven accused serves as a reminder of the need for thorough and unbiased investigations in ensuring justice is served.
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