The case pertaining to the attempt on the life of the Peoples Democratic Party leader, Abdul Nasir Maudany turned out to be a case of no evidence on Thursday when it came up before the Kollam Fast Track Court-3 on Thursday. As a result of the situation, the Judge, S.S. Vasan, acquitted five out of the eight accused who had stood trial in the case.
The prosecution charge is that the attempt on Mr. Maudany’s life was made through a bomb attack by Rashtriya Swayamsevak Sangh activists on August 6, 1992 at Anwarserry. At that time, Mr. Maudany was the founder leader of the now banned Islamic Sevak Sangh. His right leg had to be amputated because of the injuries sustained in the attack.
On Thursday, when the case was taken up, the judge could not proceed with the formality of examining the accused under Section 313 of the Code of Criminal Procedure because of lack of evidence against them.
Even those witnesses who had given statement to the magistrate under Section 164 of the Code of Criminal Procedure turned hostile to the prosecution.
As a result of the situation, the judge acquitted the five accused present under Section 232 of the Criminal Procedure Code.
Interestingly, when Mr. Maudany was examined in the case as a witness on October 20 last, he gave in writing to the court that he had forgiven his assailants.
In his statement he mentioned that in spite of living seventeen years without his right leg, almost ten years out of that in prison, he had no animosity towards those who had attacked him. He also failed to identify the clothes he had worn at the time of the attack when produced before him as material evidence.
Those acquitted are Jayanathan Pillai, Ajay Kumar, Ramachandran, Balachandran and Chandrababu. Two of the accused, Krishna Kumar and Saji Kumar are absconding and another accused Suresh passed away. Out of sixty four witnesses listed in the case, thirty seven were examined.
Since two of the accused are still absconding, the case against them will be split up and their names will be included in the long pending register. Trial against them will be resumed as and when they are apprehended.