Madhu Lynching Case: Kerala High Court Sentences 12 Convicts To Life Imprisonment

The Kerala High Court on Monday (May 25) awarded life imprisonment to the 12 persons convicted of the murder of Madhu, a mentally challenged tribal youth, who was brutally lynched to death for stealing rice from a grocery shop in Attappady, Palakkad in February 2018.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar heard the convicts regarding sentencing and passed the following order:

"In view of the mandatory language of the SC/ST Prevention of Atrocities Act, the accused nos. 2, 3, 5, 6, 7, 9, 10, 12, 13, 14 and 15 are sentenced to undergo imprisonment for life and to pay a fine amount of Rs. 2 lakhs each, and in default of payment of fine, to undergo Simple Imprisonment for 6 months' for the offences punishable under S. 304 Part II r/w Sections 3(2)(v) of SC/ST Act r/w Section 149 IPC."

A detailed judgment is awaited.

Additionally, they were sentenced to imprisonment for life and a fine of Rs. 15,000 each and in default of payment of fine, to undergo SI for 3 months' for the offence punishable under Section 326 IPC r/w Section 3(2)(v) SC/ST Act and, imprisonment for life and a fine of Rs. 15,000 each and in default of payment of fine, to undergo SI for 2 months' for the offence punishable u/S 367 IPC r/w Section 3(2)(v) SC/ST Act r/w Section 149.

The imprisonment and fine for the offence u/s 143, 147, 323, 324, 342 IPC awarded by the Sessions Court was maintained but modified as r/w under section 3(2)(va) of the SC/ST Act r/w Section 149 IPC. The Sessions Court had awarded rigorous imprisonment for a period of 7 years.

The finding of guilt, conviction and sentence passed by the Sessions Judge in respect of A16 Muneer is modified as he is found guilty of the offence punishable under Section 323 IPC r/w Section 3(2)(va) of the SC/ST, and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1000 and in default, to undergo SI for 2 months.

The Court clarified that all sentences would run concurrently and the period of imprisonment already undergone would be set off from the sentence awarded. It added that the accused, who have been released on parole, must report back to jail and serve the sentence. It asked A16, who had already served the sentence, to surrender and serve the modified sentence.

If the fine amount is realised from the accused, an amount of Rs. 30 lakhs must be paid to the mother of the deceased and the balance, if any, to the legal heirs of Madhu. If the absence of legal heirs, the said amount would also be paid to the mother.

Before passing the sentence, the Court had heard the convicts Marakkar (A2), Shamsudheen (A3), Radhakrishnan (A5), Aboobacker (A6), Sidhique (A7), Ubaid (A8), Najeeb (A9), Jaijumon (A10), Sajeev (A12), Satheesh (A13), Hareesh (A14), Biju (A15) and Muneer (A16) regarding sentencing. They sought for maximum leniency and told the Court regarding the persons who are dependent on them, including minor children, wives and aged parents. Some of them submitted that they are on parole.

Earlier today, the Bench had acquitted Hussain, the first accused and upheld the conviction of 12 others. They were found guilty of the offences under Sections 3(2)(v) and 3(2)(va) in addition to the offences under Sections 304 Part II, 326, 367, 323, 324, 342, 143, 147, 149 IPC and Section 3(1)(d) of the SC/ST.

It had also upheld the acquittal of Aneesh (A4) and Abdul Kareem (A11). Further, Accused No. 16 Muneer, who was convicted only of Section 352 IPC by the Special Court, was also found guilty of the offence punishable under Section 3(2)(va) of the SC/ST Act r/w 323 IPC.

Case title: Marakkar v. State of Kerala & connected cases

Case number: Crl. Appeal No. 598/2023 & connected cases

Citation: 2026 LiveLaw (Ker) 286