The Madras High Court has acquitted five persons awarded life term by a lower court in a 2010 murder case, holding that any judgement based on communal and social background of the accused was “unconstitutional.”
The court also observed that it has not come across such a “worst judgement” and that the case was a classic example as to how a court of law should not pen down a judgement.
A division bench comprising Justices S Nagamuthu and N Seshasayee in its recent order said, “Proof beyond reasonable doubt of the guilt of an accused should be reached on the basis of evidence on the record...Any finding of guilt based on no evidence but on communal considerations is unconstitutional.”
It then directed the registry to circulate the judgement copy to all principal sessions judges in the state as well as Puducherry, to impress upon them that in the years to come, there should be no judgement based on extraneous considerations like communal and social background.
Allowing the appeals by four accused, the bench said, “It is not understandable as to how a court could presume that people belonging to a particular community will traditionally indulge in the commission of a particular type of crime.”
“It is ridiculous on the part of trial court to conclude that in the instant case, these accused had committed murder and robbery because they belonged to the said community.”
According to the prosecution, the accused broke into the Ponniamman temple at Thirumangalam Kandigai village in Kancheepuram district, on January 2, 2010, and stole some cash by breaking open the hundi.
When a member of the temple staff tried to raise an alarm, the gang attacked him with a crowbar on the head, killing him instantaneously.
Subsequently, a case was registered against them.
When the matter came up for trial before a trial court in 2015, the District Sessions Judge convicted all five and awarded life imprisonment to all of them.
However, four of the accused moved the high court challenging the trial court order.
