Madrassa Teacher Murder: Kerala Court Acquits 3 RSS Workers; Says No Proof To Establish Motive, Hatred Or Animosity Against Muslim Community

A Kerala Court on Saturday acquitted three RSS workers Ajesh (accused 1), Nidhin Kumar (accused 2) and Akhilesh (accused 3) in the murder of Madrasa Teacher Muhammad Riyas on March 20, 2017, in Muhayudheen Mosque in Madhur Grama Panchayath at old Choori in Kudlu village, Kasargod district.The prosecution case was that the murder was a motive-specific offence committed by the accused who were RSS fanatics and workers to promote hatred and hostility towards the Muslim community. The District and Sessions judge, Kasargod K K Balakrishnan stated that the prosecution failed to prove prior incidents that could show motive for the commission of the murder or RSS affiliation of the accused. It held thus: “In the above points it is already found that none of the three incidents allegedly projected as reason for enmity of accused against Muslim community is not at all proved. Moreover, the prosecution side failed to establish any kind of connection of the accused with RSS. For the above claimed previous incidents no case was registered against the accused alleging any communal element, even then two alleged previous incidents were happened in the presence of many police officers. Nothing was produced to prove the allegation that A1 to 3 are fanatic workers and believers of RSS. Therefore, it is already found that the prosecution miserably failed to prove the motive alleged against the accused.”Background FactsThe prosecution allegation was that communal tension began during the 2016 Kerala Legislative Assembly election when some Muslim youth attacked Ajesh. The allegation was that the accused persons were fanatic workers and believers of RSS due to their communal hatred and enmity towards the Muslim community in general, trespassed into the Muhayuddeen Mosque on midnight of 20th March and committed the murder. It was alleged that the accused persons wanted to insult the Muslim community and defile their place of worship. The specific allegation was that accused 1 trespassed into the room of Riyas with whom none of the accused had any previous acquaintance and stabbed him with a knife while accused 2 guarded outside the room of the mosque. The 3rd accused the 1st and 2nd accused by causing the disappearance of evidence, giving false information to screen them and providing them transportation on the motorcycle to commit the alleged offence. The final report was filed by the police against the trio under Sections 449 (house trespass), 302 (murder), 153A (promoting enmity on the ground of religion), 295 (defiling place of worship), 201 (destruction of evidence) r/w 34 (common intention) IPC.Court FindingsThe Court stated that as per the final report, the sole reason for the commission of the murder by the accused who were fanatic workers and believers of RSS was their hatred and enmity towards the Muslim community. According to the prosecution, there were incidents after the 2016 Lok Sabha Elections that created hatred and animosity in the minds of the accused persons against the Muslim community. The Court said that the prosecution failed to prove any previous incidents that created a reason for the enmity of the accused against the Muslim community. It stated that there were no eyewitnesses or evidence to prove that there were any prior incidents leading to communal tension or that the accused harboured animosity against the Muslim community.“The outcome of the above analysis of evidence presented by the prosecution is that there was no incident connecting the allegation of hatredness of the accused against Muslim community. Three incidents specifically pointed out by the prosecution are no way connected to any communal element….. So no material is found to substantiate the motive alleged against the accused. Therefore the prosecution miserably failed to prove alleged motive in this case”, added the Court. The court said that the investigating team did not examine the family members of the accused persons to prove their affiliation to the RSS. Thus, the Court stated that the Prosecution was unable to prove that the accused persons were RSS workers who harboured animosity against the Muslim community. Analysing the testimony of witnesses, the Court stated that they were unreliable and inconsistent and could not prove the offence alleged against the accused. Regarding the discovery of material objects, the Court stated that recovery alone was not sufficient to prove discovery evidence under Section 27 of the Evidence Act. It stated that the prosecution was unable to prove that the recovered objects linked the accused to the alleged offence. The Court that the investigating officer failed to examine the mobile phones and SIM cards after the seizure. It stated that there was no attempt made by the investigating team to identify call data records or to send the electronic evidence for scientific examination. It stated that the investigating team committed a serious lapse in the investigation due to their failure to get...

Madrassa Teacher Murder: Kerala Court Acquits 3 RSS Workers; Says No Proof To Establish Motive, Hatred Or Animosity Against Muslim Community

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