A division bench of the Kerala High Court on Monday acquitted seven accused in the 2009 murder of Sivaprasad of Ayirur near Varkala by activists of the Dalit Human Rights Movement (DHRM).
A division bench of Justices K Vinod Chandran and C Jayachandran, however, upheld the order of the trial court upholding the conviction and sentence of the fifth accused Sudhi under Section 307 (attempt to murder) of the Indian Penal Code and acquitted the others. . charges against him.
The High Court acquitted Das of Cherunniyur, second accused Ashok of Kottarkara, Jayan, third accused in Irumpallur, Madhu alias Saji, fourth accused in Cherunniyur, Sudhi, seventh accused from Varkala, Sunil alias Ponnuman, tenth accused of Ayirur and Selvaraj, 16. Gave. from Aluva massacre
prosecution case
The prosecution’s case was that the murder was part of a conspiracy hatched by the accused to carry out random killings by the members of the association to display the militant nature of the organisation. Sivaprasad was on a morning walk when he was murdered in the early hours of September 23, 2009.
The court found that the case of conspiracy was not proved by the prosecution nor was the motive of the random offense established. The court observed that the documents recovered during raids on the offices of Dalit Human Rights Movement (DHRM) and houses of several persons do not link DHRM with the alleged crime.