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High Court found that there was absolutely no evidence, against the accused, worth its salt
While wholly reversing the trial court's order and acquitting 13 RSS workers embroiled in the murder case of a CPI(M) worker, Kerala High Court has found that the prosecution attempted to tutor witnesses, collect evidence and form a scripted story.
The trial court had sentenced all the accused to life imprisonment.
A bench of Justice K Vinod Chandran and Justice C Jayachandran found that that the witnesses were clearly tutored, who went on a tirade of embellishments, about what transpired.
"There is a deliberate attempt visible from the commencement of the investigation, to project half-truths and cherry-pick witnesses so as to shape the case in a particular manner", the division bench has said.
The bench further opined that the cherry-picked witnesses speak with precision on every minute aspect, unmindful of the disbelief it evokes.
"It’s time that we express a caution, that the version of a witness, however exhaustive, extensive and precise the same be, is of no avail, unless it is believable and trustworthy", the High Court cautioned.
Court further held that veiled references to newspaper reports of masked men having participated in the attack, defeaning silence of the investigating officers who refused to deny such reports before court, and Case Diary entries gave rise to very reasonable doubts as to manner of attack.
The division bench also observed that the case was a classic example of political rivalries stoking the fire.
"The manner in which events were portrayed before Court, smacks of a deliberate attempt to tutor witness and collect evidence, to define a scripted story. The sad saga of political rivalry and mindless killing, as we have noticed in many cases, tears asunder the social fabric of the State. The saga written in blood continues and the memorials held by the rival parties offer no solace to destitute parents, hapless widows and orphaned children, who often loose the only bread winner of the family....", lamented the High Court.
Case Title: Sivalal vs. State of Kerala
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