Kerala - Kozhikode   

Corrections in register dilute conspiracy charge

Kozhikode: A cinching evidence claimed by the prosecution, supporting criminal conspiracy in the May 2 massacre case at Marad, was the contents of the visitors’ register of the Marwa Palace Tourist Home where some of the accused purportedly met to hatch the plot.

Special District Sessions Court Judge Babu Mathew P. Joseph, who delivered the verdict last week holding 63 guilty and acquitting 76 in the case of massacre of nine fishermen at Marad village, said, “the evidence may create some suspicion of criminal conspiracy at Marwa Palace Tourist Home.” But, the order observed, this proof is not enough to substantiate the prosecution’s case. The corrections made in the register and additional entries made were significant factors in getting the criminal conspiracy theory diluted. According to the prosecution, Moideen Koya (accused no. 97, who has been acquitted by the court) had taken room no. 105 of the tourist home for a meeting at 6.45 p.m. on March 31, 2003 and had vacated it at 9 p.m. the same day.

Moideen Koya, a resident of Chettippady, Malappuram district, had written his name and full address. Fifteen persons had taken part in the meeting, Soman, receptionist of the tourist home and prosecution witness told the court.

The time of arrival in the register against serial no. 2121 (believed to be entry of Moideen Koya) was mentioned as 6.45 p.m. The time of arrival in respect to serial no. 2117 was found to be 6.45 p.m.; serial no. 2118, 8 p.m.; serial no. 2119, 9 p.m.; serial no. 2120, 11.50 p.m. “It can be seen from the entries made against serial no. 2120 that the date and time originally noted were corrected to 11.50 p.m.,” the court said.

Considering various entries made on March 31, 2003, in the register and in the light of the evidence of Soman “it is not at all safe to find that Moideen Koya had taken the room at 6.45 p.m. on March 31, 2003,” the court said.

During cross-examination Soman explained that he had made the correction in the entry against serial no. 2120. But after some time, during cross-examination itself, he changed his stand and stated that he did not make the correction. He again backtracked during re-examination and stated that he was not sure whether corrections were there or not before the register was seized by the police.

Soman also told the court that he had not made the entries against serial no. 2122 and 2123. “Then who had written them?” the court asked. He could not identify Moideen Koya during the identification parade.

Soman had claimed that the accused had requested chairs after the meeting commenced. When he opened the door of the room he claimed to have heard “something about Marad” and said that on seeing him they stopped talking.

“It appears rather strange that a criminal conspiracy had taken place in that room without properly closing the door of that room,” the court said.

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