Wayanad: A court here on Friday acquitted 56 accused, including tribal leader M G Geethanandan, in the 2003 murder of police constable K V Vinod during the controversial Muthanga agitation, while convicting four persons, including him, in a connected attempt-to-murder case.
Wayanad District and Sessions Judge Ayyoob Khan E acquitted all the surviving accused in the Vinod murder case, while holding second accused Asokan guilty. However, as Asokan had died during the pendency of the trial, no sentence was pronounced against him.
In a related case of attempt to murder police officer Abdul Salam and forest officer Sasidharan during the same incident, the court found Geethanandan, Binu, Ramesan and Anilkumar guilty and sentenced them to five years of rigorous imprisonment.
Though the cumulative sentence awarded to them under various sections amounted to 19 years, the court directed that the sentences would run concurrently, requiring them to undergo five years of imprisonment.
The court also directed payment of compensation under the victim compensation scheme, awarding Rs 7 lakh to the family of Vinod, Rs 5 lakh to Abdul Salam and Rs 2 lakh to Sasidharan.
Vinod, a native of Kannur, was killed on February 19, 2003, during the police action to evict tribal protesters who had occupied land inside the Muthanga Wildlife Sanctuary demanding land rights.
The case was initially investigated by the local police before being transferred to the Crime Branch and later to the CBI.
According to the prosecution, Vinod and forest officer Sasidharan were taken hostage by agitators inside a makeshift shed during the confrontation at Gowdanvayal in Thakarappadi, where the 47-day land occupation protest led by tribal leaders C K Janu and M G Geethanandan had reached its climax.
The prosecution alleged that Vinod was killed while in captivity.
During the trial, the prosecution examined 47 witnesses and marked 13 material objects.
Around 15 of the accused died during the pendency of the trial.
Defence counsel T M Rasheed welcomed the verdict, saying the court had taken into account the social background of the accused while awarding sentence and had also made observations recognising the Muthanga agitation as one for a legitimate cause.
He alleged that despite a CBI probe spanning nearly 16 years, the investigating agency failed to identify those actually responsible for the deaths of Vinod and tribal protester Jogi, both of whom were killed during the confrontation.
“Two persons were killed inside the same shed within minutes of each other and in the presence of hundreds of police personnel and officials. Yet the real culprits could not be identified,” Rasheed said, adding that the convicted persons would challenge the judgment before the Kerala High Court.
He also expressed disappointment that while compensation had been awarded to Vinod’s family and the injured officials, no compensation had been ordered for the legal heirs of Jogi, who was also killed during the incident.
Rasheed further said the court had observed that struggles for legitimate rights could not be viewed on the same footing as extremist activities and had made observations recognising the nature of the Muthanga agitation.
Expressing disappointment over the acquittals in the murder case, Vinod’s brother, retired Assistant Superintendent of Police K V Babu, said the family had waited for more than 23 years for justice.
“We heard the verdict with a numb heart. After waiting for twenty-three and a half years, this is deeply disappointing. This is not just about our family but also about the police force and society,” he told reporters.
Babu alleged there had been shortcomings in the investigation and prosecution of the case and said the family would consult legal experts before deciding on further legal steps.
He also recalled that his family had faced difficulties in securing the benefits due to Vinod’s parents after his death, with the family pension being sanctioned only after the intervention of the Human Rights Commission. Compassionate appointment was also denied under the existing rules, he said.
Babu said justice should be ensured not only for his brother but also for Jogi, the tribal protester who was killed during the police action.
“My father waited for years hoping to see justice in the case. Sometimes I feel it was perhaps better that he was not alive to hear this verdict,” he said.
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