Madhu Lynching | 'Moral Policing Can Never Be Encouraged, Let This Be The Last Mob Lynching Case' : Kerala Court [Read Judgment]

The Special Court for SC/ST (Prevention of Atrocities) Act, Mannarkkad convicted 14 of the 16 persons accused in the Madhu Lynching Case. The case pertains to death of a mentally challenged tribal youth, Madhu, who was lynched in February 2018, on suspicion of theft of rice, spices from shops in the Mukkali area in Palakkad, Kerala. The Court sentenced 13 of the 14 convicted persons to rigorous imprisonment for a period of 7 years for the offence under Section 304 Part II (Punishment for culpable homicide not amounting to murder) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code. The Special Court Judge K.M. Retheesh Kumar while convicting 14 of the 16 persons accused in the lynching case observed:“This is the first mob lynching case in Gods Own Country. Let it be last such case.” Even though the counsel for the accused had requested for some leniency while awarding the sentence contending that several of the accused persons were sole bread winners of their family and that they had no criminal antecedents. The court observed that:“This court is bound to respect the life of Madhu just like the life of any other citizen in this country. Our constitution guarantees equal right to life for each and every citizen in India irrespective of their social status. Hence, the court cannot award a flee bite sentence in this case for the reason that the person who died in the incident is not a big shot.”Brief Facts of the CaseDuring 2017-2018, there were a series of petty thefts in Mukkali and Chindakki areas of Palakkad District which caused some concern among locals. Suspecting the victim Madhu to be behind these thefts, the accused persons entered the Aandiyallachaal reserve forest in search of Madhu. They confronted him and tied him up and proceeded to beat him up brutally. Later, they paraded him through the streets and brought him to Mukkali area and handed him over to the police. Even though the police took him to the hospital, the doctor found that Madhu was brought dead. The incident caused public uproar and grabbed media attention. An FIR was registered in relation to Madhu’s death. A final report was filed before the special court against 16 accused persons for offences punishable under Sections 143, 147, 148, 323, 324, 326, 294(b), 342, 352, 364, 367, 368 and 302 read with Section 149 of the Indian Penal Code and Sections 3(1),(d)(r), 3(2)(v) of the SC/ST (POA) Act.Sentence PronouncedLamenting the death of the victim, at the hands of the accused persons, who had inflicted injuries on the victim on the mere suspicion of theft, the court observed:“the accused persons have mercilessly inflicted injuries on Madhu alleging that he had committed some theft of food items in Mukkali and adjacent places. Even if it is assumed that the so called properties found in the custody of Madhu are stolen properties it can only be said that Madhu did not steal for the joy of it, but because of the clamor of his stomach. For that allegation of minor theft the acts done by the accused persons lead to the death of Madhu. “The first accused was sentenced to 7 years rigorous imprisonment for the offence under Section 304 Part II (Punishment for culpable homicide not amounting to murder) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC. He was also convicted under Section 143 (punishment for being a member of an unlawful assembly) Section 147 (punishment for rioting) Section 323 (Punishment for voluntarily causing hurt) and Section 342 (Punishment for wrongful confinement) read with Section 149 of IPC.Accused No.s.2, 3, 5 to 10 and 12 to 15 were sentenced to 7 years rigorous imprisonment for the offence under Section 304 Part II (Punishment for culpable homicide not amounting to murder) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC. They were also convicted under Section 143, Section 147, Section 323, Section 324 (Voluntarily causing hurt by dangerous weapons or means), Section 326 (Voluntarily causing grievous hurt by dangerous weapons or means), Section 342 , Section 367 (Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc) read with Section 149 of the IPC. They were additionally convicted under Section 3(1)(d) of the SC/ST (Prevention of Atrocities) Act (garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe) read with Section 149 of IPC. The 16th accused was convicted under Section 352 (Punishment for assault or criminal force otherwise than on grave provocation) of the IPC and sentenced to simple imprisonment of 3 months.Terming it a case of moral policing the court observed: “The materials placed before the court reveal that the accused persons have assumed the role of moral...

Madhu Lynching | 'Moral Policing Can Never Be Encouraged, Let This Be The Last Mob Lynching Case' : Kerala Court [Read Judgment]

Sheryl Sebastian

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