TP murder: HC sentences all 12 convicts to life imprisonment

THE Kerala High Court on Monday sentenced all 12 men convicted for the political murder of TP Chandrasekharan to rigorous life imprisonment.

The Court opined that it was not sufficient to impose a simple life imprisonment sentence, given the barbaric nature of the crime.

"The barbaric nature of the crime where an unarmed man was hacked to death on a highway by 6 armed assailants who had no known enmity against him but were mere assassins and co-conspirators need to be condemned in a befitting manner. Showing undue leniency to the accused in such a case will undermine public confidence in the efficacy of our legal system," the Court said.

The Court also clarified that nine of these convicts will have to undergo at least 20 years of imprisonment before they can even apply for a remission (early release) of their sentence.

The nine convicts sentenced on these terms are Anoop, Manoj Kumar, NK Sunil Kumar (Kodi Suni), Rajesh Thundikkandi, KK Muhammed Shafi, Sijith S, K Shinoj, KC Ramachandran, and Manojan (A1-A8 and A11).

For two other convicts, namely K Krishnan and Geothy/ Jyothi Babu (A10 and A12), the Court upheld the life sentence, but without a rider they must complete 20 years in prison before they can apply for remission.

"As regarding A10 and A12, we find that although the gravity of the offence proved against them warrants a treatment similar to the others, A10 is now 76 yrs old, frail and weak with many medical issues and A12 is 62 and is undergoing medical treatment for multiple ailments. We therefore sentence then to undergo imprisonment for life without curtailing their right to remission," the Court said.

The life sentence earlier imposed on another convict, PV Rafeek (A18) by the trial court was also upheld.

Notably, the Court also opined that the fine amount imposed for the crime by the trial court was insufficient, and therefore, enhanced the same concerning all convicts, except one (A18). Of the fine amounts imposed, the Court also ordered that a part of it should be paid to the family of Chandrasekharan.

"We are of the view that a sum of ₹7.5 lakhs to the wife and ₹5 lakhs to the son of the deceased would be reasonable and adequate," the Court ordered.

A division bench of Justices AK Jayasaniaran Nambiar and Kauser Edappagath pronounced the sentencing order this afternoon.

The Court was dealing with appeals filed against the trial court judgment in the TP Chandrasekharan murder case.

Chandrasekharan, a former member of the Communist Party of India (Marxist) [CPI(M)] who founded the Revolutionary Marxist Party (RMP), a breakaway of CPI(M) was murdered in 2012 near Onchiyam in Kozhikode district.

The prosecution’s case was that the assailants were hired by certain CPI(M) functionaries to eliminate Chandrasekharan who posed a challenge to the party's influence in the area.

A trial court convicted twelve of the 36 persons accused on May 4, 2012, among whom 11 were sentenced to life imprisonment.

The verdict was challenged by the convicts. Appeals were also filed by the Kerala government and KK Rema, the wife of the slain RMP leader, who sought the enhancement of sentence and challenged the trial court's decision to acquit the remaining accused.

On February 19, the High Court had upheld the trial court's conviction and also additionally convicted two more persons (local committee members K Krishnan and Jyothi Babu) who had been acquitted by the trial court, bringing the total number of convicts to twelve.

One of the persons convicted by the trial court (A13) passed away during the pendency of the appeal before the High Court.

While hearing the convicts on the question of their sentence today, the bench had commented on the impact of political murders in the State.

"Political murders are the bane of our State. We cannot afford to take these lightly. It has become the bane of our existence.. The brutality of the murder, the henious manner in which it was committed, the fact that it was an attack on democracy itself, the fact that it was done by several people against one helpless man, the fact that the victim was a public person...It is about time we took a serious view with regard to political murders. It is the bane of our existence," the bench observed orally.

The bench also noted that the jail reports on the convicts and their conduct while on parole did not suggest any probability or possibility of reform.

"These gentlemen don't want to reform. We will give them the benefit of doubt but the only basis we have to assume that they may reform is the fact that all of them have families, and children. These are people who committed crimes when they were out on parole", the bench remarked orally.

Most of the convicts had requested for leniency on grounds of medical issues and being sole breadwinners in their respective families. Some convicts also claimed that they had been beaten up in police custody leading to spinal injuries.

Special Public Prosecutor Kumarankutty countered that not all murder cases are the same and that the nature of this one calls for the perpetrators to be punished with the highest sentence possible. It was argued that no other mode of punishment, except the death penalty would satisfy the conscience of justice.

Senior Advocate B Raman Pillai, appearing for some of the convicts, argued that the prosecutor's arguments were more like a political speech.

To Pillai's submission that this is not the first political murder in the State, Justice Nambiar had replied, "It is not the first, but it should certainly be the last. It is the bane of our existence."

The Court ultimately decided to hold off on imposing the death penalty but upheld the imposition of a life sentence on all the convicts.

"A crime like this has to be considered a crime against society at large. While the crimes of the convicts before us are abhorrent, they cannot be considered to be rarest of the rare," the Court reasoned today.