The Supreme Court in the case George Muthoot George v. CBI Diary observed and has agreed to hear the petition on Monday, challenging to the order of the Kerala High Court, which, inter alia, set aside conviction and sentence under Section 302 of the Indian Penal Code, 1860 for Jayachandran, alleged to be leader of the unlawful assembly involved in the Paul Muthoot George murder case.
The bench comprising of Justice S.A. Nazeer and the Justice J.K. Maheswari has granted the leave, the bench observed that the matter needs to be examined in some detail, while hearing the brief submission made by Advocate, Mr. Kuriakose Varghese.
The present petition is filled by the Paul’s elder brother, George Muthoot Goerge impugning the High Court’s order, which he claims had oversimplified and disregarded the role of the accused as depicted by the Trial Court. Culling out the relevant incidents to demonstrate Jayachandran’s culpability. In the petition it was stated that the High Court had held the deceased was murdered by one of the members of the unlawful assembly, it refused to attribute liability on the Jayachandran gang’s leader at whose instigation the brutal murder took place. Thus, the petition refers to a catena of judgment and argues that the liability ought to have been presumed for Jayachandran on the principle that every man is presumed to intern the probable and natural consequence of his act.
It was held by the Trial Court that nine men formed an unlawful assembly and murdered Paul. Therefore, it was opined by the High Court that there was no unlawful assembly and acquitted eight men of charges of murder. Under Section 302 IPC, the conviction and sentence was sustained for one.
A gang of men led by Jayachandran, whom the petition identifies as a well-known local goon, were travelling from Changanassery to Mannancherry, on 21.08.2009. While being on their way, on of their vehicles slipped off and got stranded. While efforts were being made to get the vehicle on track, a Ford Endeavour Car advancing towards the spot dashed into a motorcycle which was parked near the stranded vehicle. The Car kept moving. It was alleged in the petition that Jayachandran, instigated his men to chase the car and take the driver to task. It is appeared that abiding by their leader’s direction, 9 men organised themselves in an unlawful assembly and chased the car and who was driving the Ford Endeavour, eventually stabbed Paul Muthoot. As per the petition, Jayachandran had not only joined the unlawful assembly at the scene of the crime, but while instigating his gang, was aware that some of the members were carrying weapons.
In the present case, the petition assails the observation of the High Court that the accused were an angry mob chasing a vehicle that hit a motorcycle and had run away without stopping to help the injured and apart form the legal implication of the murder. It is also indicated in the petition that the social implications of the incident – a gangster group killing an unknown person on public instills fear in the heart of those travelling on public roads and that too at night. Further, it implores the Apex Court to consider that the interest of the society was not looked at by the High Court in reaching its conclusion to acquit the accused person, inter alia, of the charge of murder.
Advocate-on-Record, Mr. V. Shyamohan, drafted the petition filled by KMNP Law AOR.
